English
FrançaisComplaint
- Complaint number
- NTB-001-215
- NTB Type
- 7.1. Arbitrariness
- Complaint
-
Arbitrary fines charged to drivers in Kenya not commensurate to the fines specified in Kenya Traffic Control Act 2015
For instance, the driver was fined 25,000 Kenyan shillings where he was supposed to pay only 10,000 Kenyan shillings (Section 53 (1) and 67). Also, Kenya Traffic Control Act (2015) prohibits someone from driving a commercial vehicle for more than a total of eight hours in any 24-hour period (section 66A). This should not apply to transit trucks since the international best practice for maximum driving time for truck drivers is between 11 and 14 hours a day.
- Status note
-
Kenya informed the meeting that the driver was arrested on 12 / 09 / 2024 while driving a Motor Vehicle with Registration No. RAE 579B / RL2395 M / Benz Actros and was consequently presented before Makindu Law Court charged with the following offenses:
● Count 1: Failing to maintain parts and equipment of the M / Vehicle contrary to Section 55 (1) as read with Section 58 (1) of the Traffic Act Cap 403 Laws of Kenya without rear reflectors). The accused pleaded guilty and was fined KSHS 15,000
● Count 2: Causing obstruction, contrary to Section 53 (1) as read with Section 53 (4) of the Traffic Act Cap 403 Laws of Kenya. The accused pleaded guilty and fined KSHS 10,000 / =
Hence amounting to a total of KSHS. 25,000
The Republic of Rwanda submitted that there is need to notify counterparts in case a National of one Partner States is charged in another Partner States and Traffic offenses should be distinguished from crime. - Progress update note
- The Republic of Kenya committed to consult and revert during the Sectoral Committee on Trade.
- Policy or regulatory NTB
- No
- Location
- Kenya: Traffic Police (Government institution)
- Reporting Country or Region
- Rwanda
- Country specific trade issue
- No
- Date of incident
- 2024-10-03
- Status
- Resolved
- Date of resolution
- 2024-11-23
- Product Description
-
All products
- Total value
- 0
- Date reported
- 2024-10-20 00:30
- Modified
- 2024-11-23 13:46
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