There has been a lot of confusion about the Traffic Act and whether police officers have the right to demand for a driver's licence from a motorist or even board one's vehicle to the stations.
As Thika Town Today, we have tried to digest what the law says about these controversial sections as stipulated by the Traffic Act (CAP 403) of the laws of Kenya.
Should one produce a DL on demand by the police?
The answer to this is in Article 36 of the act which states:-
| 36. |
Production of driving licence on demand
| (1) |
Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and, on being so required by a police officer, produce it for examination.
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| (2) |
For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.
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| (3) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings.
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Should a police officer enter one's car or drive it to the station?
The answer to this is in Article 105 of the act which states:-
| 105. |
Inspection of vehicles
| (1) |
It shall be lawful for any police officer in uniform to stop any vehicle, and for any police officer, licensing officer or inspector—
| (b) |
to drive any vehicle or cause any vehicle to be driven;
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| (c) |
upon reasonable suspicion of any offence under this Act, to order and require the owner of any vehicle to bring the vehicle to him,
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for the purpose of carrying out any examination and test of the vehicle with a view to ascertaining whether the provisions of this Act are being complied with or with a view to ascertaining whether the vehicle is being used in contravention of this Act.
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| (2) |
Any person who fails to comply with any instruction or order given under this section shall be guilty of an offence and liable on a first conviction, to a fine not exceeding thirty thousand shillings, and for a second or subsequent conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term of one year.
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