TrafficAct Cap.403 No.37and38of2012Amendments
TrafficAct Cap.403 No.37and38of2012Amendments
TrafficAct Cap.403 No.37and38of2012Amendments
Chapter 403
www.kenyalaw.org
2 CAP. 403 Traffic [Rev. 2012
CHAPTER 403
ARRANGEMENT OF SECTIONS
Part I – Preliminary
Section
1—Short title.
2—Interpretation.
3—Appointment of officers.
4—Classification of vehicles.
5—Records of vehicles.
5A—Use of information technology.
5B—Application to use of computerized motor vehicle registration
system.
5C—Cancellation of registration of registered user.
5D—Unauthorized access to computerized Motor vehicle
registration system.
5E—Interference with computerized motor vehicle registration
system.
6—Motor vehicles and trailers to be registered.
6A—Relocation of motor vehicles.
7—Inspection fee.
8—Owner of vehicle.
9—Change of ownership.
10—No registration of motor vehicles exported or imported
unlawfully.
11—Vehicles may be exempted from registration.
12—Vehicles to carry identification plates.
13—Production of registration book.
14—Penalties under this Part.
21—Duplicate licences.
22—New licence to be applied for in certain circumstances.
23—Dealer’s general licence.
24—Use of dealer’s general licence.
25—Duration of dealer’s general licence.
26—Cancellation of dealer’s general licence.
27—Dealer’s general licence not to be transferred without
authority.
28—Recovery of licence fees by civil process.
29—Penalties under this Part.
30—Drivers to be licensed.
31—Conditions for granting of driving licence.
32—Provisional driving licence.
33—Driving licence not to be granted to persons under certain
ages.
34—Form of application.
35—Issue of driving licences to members of armed forces.
36—Production of driving licence on demand.
37—Form of driving licence.
38—Duplicate licences.
39—Driving tests.
40—Revocation, etc., of driving licences upon application by
police.
41—Penalties under this Part.
68 – Highway Code.
69 – Power to regulate traffic.
69A—Mounting of roadblocks.
70 – Traffic signs.
71 – Closure of roads.
72 – Injury to bridges.
76 – Powers of court.
77 – Right of appeal.
78 – Cancellation of driving licence.
79 – Production of driving licence for endorsement.
80 – Custody of licence while suspended or cancelled.
81 – Fraudulent application for driving licence.
82 – Particulars of endorsement to be inserted in new licence.
83 – Applying for licence without disclosing endorsement.
84 – Issue of new licence free from endorsement.
103 – Touting.
103A—Uniforms and special badge.
103B—Helmets and reflector jackets.
103C—Unauthorised driving.
104 – Penalties under this Part.
1. This Act may be cited as the Traffic Act. Short title.
any type or class of motor vehicle which the Authority may, by notice
in the Gazette, declare not to be commercial vehicles for the purposes
of this Act;
“motor cycle” means a motor vehicle with less than four wheels
the weight of which unladen does not exceed eight hundredweights;
“road” means any public road within the meaning of the Public
Cap. 399.
Roads and Roads of Access Act, and includes any other road or way,
wharf, car park, footpath or bridlepath on which vehicles are capable
of travelling and to which the public has access;
“traffic signs” means any sign, notice, signal, light or other device
erected or in any way displayed by or with the consent of the highway
authority, for the purpose of regulating, restricting or prohibiting traffic
and vehicles of any kind, on a road:
3. (1) The Authority shall be responsible for the registration and Appointment of
licensing of motor vehicles and trailers and for the licensing of drivers, officers.
and for the keeping of such records in relation thereto as are required 52 of 1959, s. 3,
L.N. 242/1964,
by this Act.
33 of 2012, s. 62.
4. For the purposes of this Act, motor vehicles shall be divided Classification.
10 of 1984, s. 3,
into the following classes -
33 of 2012, s. 62.
(a) motor omnibuses;
(b) heavy commercial vehicles;
(c) commercial vehicles;
(d) tractors;
(e) motor cars;
(f) motor-cycles not exceeding fifty cubic centimetres engine
capacity;
(g) motor-cycles exceeding fifty cubic centimetres engine
capacity;
(h) invalid carriages;
(i) special types of motor vehicles for which special
authorization is required from the Authority before such
vehicles can be registered or used on a road; and
(j) matatus.
(3) Any person who satisfies the Authority that he has reasonable
cause therefor shall be entitled on payment of the prescribed fee to a
copy of any entry in such vehicle records.
Use of information 5A. (1) Subject to such conditions as the Registrar may prescribe,
technology. registration, licensing or any formalities and procedures under this Act
4 of 2012 , s. 28. may be carried out by use of information technology.
(2) For the purposes of subsection (1), the Registrar may, by notice
in the Gazette, specify —
(a) knowingly and without lawful authority, by any means gains Motor vehicle
access to or attempts to gain access to any computerized registration system.
motor vehicle registration system; or 4 of 2012 , s. 28.
6. (1) No person shall possess a motor vehicle or trailer, other Motor vehicles
than a vehicle exempted from the provisions of this Part, unless such and trailers to be
vehicle is registered under this Act. registered.
52 of 1959, s. 4,
(1A) No motor vehicle imported for home use shall be used on a 14 of 1982, s. 26,
road unless it is registered: 9 of 2007, s. 42,
14 CAP. 403 Traffic [Rev. 2012
8 of 2008, s. 44,
8 of 2009, s. 38, Provided that a commercial vehicle which requires inspection
10 of 2010, s. 38, shall be inspected and registered within thirty days of release by the
33 of 2012, s. 62, customs.
38 of 2012, s. 2.
(2) Application for the registration of any vehicle shall be made
to a licensing officer in the prescribed form, and shall be accompanied
by the prescribed fee.
Provided that any registration certificate which has been lost and
is subsequently found shall forthwith be returned to the Registrar for
cancellation.
vehicle shall inform the Authority of such change and shall forward to
him the registration certificate in order that it may be amended together
with the prescribed fee, and shall supply the Registrar with any further
information which he may require.
(a) the owner shall forthwith return the registration book and
identification plates to the Registrar for cancellation; and
6A. (1) Where the owner of a motor vehicle intends to move the Relocation of motor
motor vehicle permanently to a place outside Kenya, the owner shall vehicles.
forthwith, return the identification plates and registration certificate 4 of 2012 , s. 29.
issued under this Act in respect of the motor vehicle to the Registrar
fof cancellation.
7. The owner of a vehicle which is required under this Part to be Inspection fee.
inspected shall, before the inspection is carried out, pay to a licensing 52 of 1959, s.5.
officer the fee prescribed therefor.
16 CAP. 403 Traffic [Rev. 2012
Owner of vehicle.
8. The person in whose name a vehicle is registered shall, unless
the contrary is proved, be deemed to be the owner of the vehicle.
Change of 9. (1) No motor vehicle or trailer the ownership of which has been
ownership.
transferred by the registered owner shall be used on a road for more
8 of 2009, s. 39,
10 of 2010, s. 39. than fourteen days after the date of such transfer unless the new owner
4 of 2012 , s. 30, is registered as the owner thereof.
33 of 2012, s. 62,
38 of 2012, s. 3. (2) Upon the transfer of ownership of a motor vehicle or trailer,
the registered owner thereof shall, within seven days from the date of
the transfer, in the prescribed form of the sale or disposition, name,
postal and email addresses and telephone number of the new owner, the
mileage recorded on the mileage recorder (if any), of the motor vehicle,
and such other particulars as may be prescribed, and shall deliver the
registration book in respect of such vehicle to the Registrar together
with the transfer fee, whereupon the vehicle shall be registered in the
name of the new owner:
(5) Subsection (1), (2) and (4) shall not apply to any change of
possession of a vehicle which occurs by reason of the vehicle being
lawfully seized under a hire -purchase agreement, but in such event the
following provisions shall apply -
(a) that the vehicle has been lawfully exported from its country
of origin or the country in which it was last registered, and
that such owner is in possession of any export permit in
relation to the export of the vehicle required by the law of
the country of origin or of last registration; and
(b) that the vehicle has been lawfully imported into Kenya.
11. The Minister may, by notice in the Gazette, exempt any Vehicles may be
exempted from
vehicle, class or description of vehicle from the provisions of this
registration.
Part. L.N. 242/1964.
Vehicles to carry
12. (1) No motor vehicle or trailer registered under this Act or
identification plates.
driven under the authority of a general dealer’s licence shall be used 4 of 1974, Sch.,
on a road unless there is fixed thereto in the prescribed manner the 10 of 2010, s. 40.
prescribed number of identification plates of the prescribed design and
colour on which is inscribed the identification mark of the vehicle or
of the general dealer’s licence:
Penalties under Part. 14. Any person who contravenes or fails to comply with any
38 of 2012, s. 4. of the provisions of this Part shall be guilty of an offence and liable
on first conviction to a fine not exceeding ten thousand shillings or
to imprisonment for a term not exceeding three months, and on each
subsequent conviction to a fine not exceeding twenty thousand shillings
or to imprisonment for a term not exceeding six months or to both.
Motor vehicles and 15. (1) No person shall own or possess a motor vehicle or trailer,
trailers to be licensed. or use it on a road, unless such vehicle or trailer is licensed under and
14 of 1958, s. 2,
in accordance with this Part.
L.N. 242/1964,
33 of 2012, s. 62.
(2) Where the owner or person in possession of a motor vehicle
or trailer gives written notice to the Authority that for a stated period he
does not intend that it shall be used on any road, or where he satisfies
the Authority that for a stated period such vehicle or trailer was not
used on any road, he shall not, after the receipt of such notice by the
Authority or, as the case may be, after the Authority is so satisfied, be
liable to conviction under or by virtue of this section by reason only of
his ownership or possession of the vehicle or trailer during the stated
period.
(3) The Minister may by notice in the Gazette exclude any vehicle,
or any class or description of vehicle, from the operation of all or any
of the provisions of this Part.
Application for 16. (1) An application for a license under this Part shall be made
licence. to a licensing officer in the prescribed form accompanied by the fee
38 of 2012, s. 5. payable and the vehicle registration book.
(2) Every vehicle more than four years old from the recorded date
of manufacture shall be subjected to inspection by the motor vehicle
inspection unit.
Conditions for issue 17. (1) A licensing officer shall issue a licence only if he is
of licence. satisfied-
52 of 1959, s. 6, (a) that the vehicle is duly registered; and
13 of 1980, Sch.
(b) that the particulars in the registration book are correct;
and
(c) that the vehicle is insured against third party risks in
accordance with the provisions of the Insurance (Motor
Cap. 405. Vehicles Third Party Risks) Act; and
(d) that the licence in respect of such vehicle has not been
cancelled under subsection (3) of section 58.
Rev. 2012] Traffic CAP. 403 19
(3) Where under this section the owner of any vehicle or trailer is
required to have it examined by an inspector, he shall make application
in the prescribed form, paying such fee as may be prescribed, and
thereupon an inspector shall examine the vehicle or trailer and shall
issue an inspection report in the prescribed form.
the inspector or the certifying officer, as the case may be, shall affix to
the vehicle or trailer in the prescribed manner an inspection certificate
in the prescribed form.
(2) The inspection certificate shall relate to and bear the same
number as the inspection report or certificate of fitness, as the case
may be.
Provided that any licence which has been lost and is subsequently
found shall forthwith be returned to the Registrar for cancellation.
New licence to be 22. (1) The holder of a vehicle licence shall apply for a new
applied for in certain licence-
circumstances.
(a) where he desires to use the vehicle for any purpose not
authorized by the licence; and
(b) where the vehicle is so altered that a higher duty or a duty
of a different class is required.
(2) A new licence under this section shall not be issued until the old
licence has been surrendered, and in respect of every such new licence
there shall be deducted from the fee payable therefor a rebate calculated
in like manner as is provided in subsection (2) of section 19.
Dealer’s general 23. (1) The Authority may issue to a dealer in, or manufacturer or
licence. repairer of, motor vehicles, upon application in the prescribed form and
Rev. 2012] Traffic CAP. 403 21
upon payment of the prescribed fees, such number of dealer’s general 33 of 2012, s. 62.
licences as the applicant may require, and with each such licence shall
issue two identification plates.
24. (1) No vehicle shall be used on any road under the authority Use of dealer’s
of a dealer’s general licence - general licence.
52 of 1959, s. 7,
33 of 2012, s. 62.
(a) to convey passengers or goods for profit or reward;
(b) to carry or convey any goods whatsoever except such load
as may be necessary for the purpose of testing the motor
vehicle or trailer, and no such load, and no part thereof, shall
be removed from the motor vehicle or trailer at any time
between the departure from and the return to the loading
place of the motor vehicle or trailer, save in the case of an
accident; or
(c) except with the permission in writing of the Authority, for
any purpose other than -
(4) Not more than two persons, in addition to the driver, shall
be carried within or upon any such vehicle, and such persons shall be
limited to a prospective purchaser and his agent or a member of his
family or, in the case of a vehicle proceeding to or from an accident,
two mechanics.
(6) Every such book shall be produced at all reasonable times for
inspection by any police officer, licensing officer or inspector, and shall
be kept available for inspection at the place specified in the declaration
made on application for the general dealer’s licence as the place at which
the book will be kept.
28. Where under this Part a licence is required and has not been Recovery of licence
obtained, a sum equal to the prescribed fee payable in respect of such fees by civil process.
licence shall be due and owing to the Controller of Inland Revenue by the 14 of 1958, s. 3.
person failing to obtain the licence, and shall be a civil debt recoverable
summarily at the instance of the Controller of Inland Revenue.
29. (1) Any person who contravenes or fails to comply with any Penalties under this
of the provisions of this Part shall be guilty of an offence and liable Part.
on first conviction to a fine not exceeding ten thousand shillings or 14 of 1958, s. 4,
38 of 2012, s. 7.
to imprisonment for a term not exceeding three months, and on each
subsequent conviction to a fine not exceeding twenty thousand shillings
or to imprisonment for a period not exceeding six months or to both.
Drivers to be 30. (1) No person shall drive a motor vehicle of any class on a
licensed. road unless he is the holder of a valid driving licence or a provisional
14 of 1971, Sch., licence endorsed in respect of that class of vehicle.
1 of 1986, s. 4,
33 of 2012, s. 62, (2) No person who owns or who has charge of a motor vehicle of
37 of 2012, s. 2, any class shall cause or permit any person to drive such motor vehicle
38 of 2012, s. 8.
unless such person is the holder of a valid driving licence or a valid
provisional licence endorsed in respect of that class of motor vehicle.
Conditions for 31. (1) A licensing officer shall not grant an applicant a driving
granting of driving licence endorsed in respect of any class of motor vehicle unless the
Rev. 2012] Traffic CAP. 403 25
applicant - licence.
9 of 1967, Sch.,
(a) satisfies the licensing officer that he has passed a test 11 of 1983, Sch.,
of competence to drive that class of motor vehicle 33 of 2012, s. 62.
conducted under section 39, or that he holds a certificate
of competency for that class of motor vehicle issued under Cap. 232 (1948).
the Traffic Ordinance (now repealed), or is the holder
of a valid driving licence for that class of motor vehicle
granted by a competent authority in some part of the
Commonwealth where such driving licences are granted
only after a prescribed test has been passed or is the holder
of an international driving permit.
(b) makes a declaration in the prescribed form as to whether
or not he is suffering from any such disease or physical
disability as may be specified in the form, or any other
physical disability which would be likely to cause the driving
by him of a motor vehicle, being a vehicle of such class as he
would be authorized by the licence to drive, to be a source
of danger to the public; and
(c) is able to read, with glasses if worn, a motor vehicle
identification plate at a distance of twenty-five metres.
(2) Whenever the driving licence of any person has been cancelled
or suspended, a licensing officer may, on application, so soon as the
period of cancellation or suspension is over, grant to such person a
provisional licence endorsed in respect of any class or classes of vehicle
which if he held a driving licence he would be entitled to drive, with a
view to such person passing any necessary test.
(3) Provisional licenses shall be valid for three months only but
may, in the discretion of the licensing officer, be renewed for further
periods of three months on payment of the prescribed fee for granting
a provisional licence.
(2) If the applicant for a driving licence fails to produce his birth
certificate, the opinion of the licensing officer shall be conclusive as
to a person’s age.
Form of application. 34. (1) Applications for driving licences and provisional licences
shall be made to a licensing officer in the prescribed form, accompanied
by the prescribed fee, and the particulars required in such form shall be
signed by the applicant.
Rev. 2012] Traffic CAP. 403 27
35. Notwithstanding this Part, the Minister may make rules Issue of driving
prescribing special terms and conditions for the issue of driving licences licences to members
to members of the armed forces or any foreign military, naval or air of armed forces.
forces lawfully present in Kenya for the purpose of driving service L.N. 242/1964,
vehicles while on duty, and he may in such rules order that such licences 9 of 1967, Sch.
shall be issued without the payment of any fee.
36. (1) Any person driving a motor vehicle on a road shall carry Production of driving
his driving licence or provisional licence, and on being so required by licence on demand.
a police officer, produce it for examination. 1 of 1986, s. 5,
38 of 2012, s. 9.
(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.
37. (1) Driving licences and provisional licences shall be in the Form of driving and
prescribed form, and there shall be affixed to each driving licence a provisional licence.
photograph of the licence holder, which shall be impressed with the
official stamp of the Registrar.
Driving tests. 39. (1) Driving tests for the purpose of this Act shall be conducted
52 of 1959, s. 8. by driving test examiners.
(2) Driving tests shall be carried out in such manner as the Minister
may direct, but shall in any case include a test of the applicant’s -
(3) No person shall undergo a test until he has paid the prescribed
fee.
Revocation, etc., of 40. (1) Upon application by a police officer of or above the rank
driving licences upon of Superintendent, the Authority may-
application by police.
1 of 1986, s. 6,
(a) revoke the driving licence of any person who appears, in
33 of 2012, s. 62.
the opinion of the Registrar, to be suffering from a disease
or disability likely to cause the driving by him of a motor
vehicle to be a source of danger to the public; or
(b) order a fresh driving test in the case of any holder of a
driving licence who appears to the Registrar to be so deficient
in driving ability as to be a source of danger to the public,
and, if the licence holder fails to pass such test, order that
his licence shall be revoked.
42. (1) No person shall drive, or, being the owner or person in Speed of motor
charge of a vehicle, cause or permit any other person to drive, a vehicle vehicles.
on a road at a speed greater than such speed as may be prescribed as 14 of 1971, Sch.,
the maximum speed for that class of vehicle. 11 of 1983, Sch.,
1 of 1986, s. 8.
(2) On a vehicle subject to a speed restriction under subsection (1)
except a vehicle registered as a motor-car or motor-cycle or a private hire
vehicle, there shall be painted or affixed to the rear, as close as possible
to the rear number plate and so as to be clearly legible to a person within
ten metres of the rear of the vehicle, a mark in the prescribed form
indicating its maximum permitted speed in kilometres per hour.
(3) No person shall drive, or, being the owner or person in charge
of a vehicle, cause or permit any other person to drive, any vehicle at
a speed exceeding fifty kilometres per hour on any road within the
boundaries of any trading centre, township, municipality or city:
Provided that such lower limit shall be imposed only for such
period as is necessary to carry out repairs or reconstruction
or until the condition of the road is satisfactory;
Provided that, in any case whilst such lower limit is in force under
this subsection, indication of the maximum speed permitted shall be
given by prescribed traffic signs erected and maintained so as plainly
to indicate to drivers entering or leaving such restricted road where the
lower speed limit begins and ends.
(4A) The Minister may by notice in the Gazette delegate the power
conferred by subsection (4) to a highway authority or other public body.
and shall not prevent the exercise by the Minister of any power so
delegated.
to hinder the use of the vehicle for the purpose for which it is being
used on that occasion.
45. (1) Any person who, when driving or in charge of, or during
any period of duty in connexion with the driving of, a public service Prohibition of
vehicle, drinks any intoxicating liquor shall be guilty of an offence drinking when
driving or in charge
and liable to a fine not exceeding one hundred thousand shillings or to
of public service
imprisonment for a term not exceeding two years or to both. vehicle.
32 CAP. 403 Traffic [Rev. 2012
11 of 1983, Sch.
1 of 1986, s. 11, (2) Any person who gives any driver or any person in charge of
38 of 2012, s. 13. a public service vehicle any intoxicating liquor, whether for reward or
not, shall be guilty of an offence and liable to the same penalties as a
person guilty of an offence under subsection (1).
Driving on pavement, 45A. (1) No person shall, in order to avoid a buildup of traffic on
pedestrian walkway, a road, drive a motor vehicle on, or through, a pavement or a pedestrian
etc. walkway.
38 of 2012, s. 14.
(2) A person who contravenes subsection (1) commits an offence
and shall be liable-
Reckless driving. 47. (1) Any person who drives a motor vehicle on a road
1 of 1986, s. 13, recklessly, or at speed, or in a manner which is dangerous to the public,
38 of 2012, s. 15. having regard to all the circumstances of the case, including the nature,
condition and use of the road and the amount of traffic which is at the
time or which might reasonably expected to be on the road, is guilty
of an offence and liable-
and the court may exercise the power conferred by Part VIII of
suspending any driving licence or provisional driving licence held by
the offender disqualified from holding or obtaining a driving licence
for a period of twelve months starting from the date of conviction or
the end of any prison sentence imposed under this section, whichever
34 CAP. 403 Traffic [Rev. 2012
is the later.
Warning to be given 50. Where a person is prosecuted for an offence under any of the
before prosecution.
sections of this Act, other than section 46, relating respectively to the
16 of 1977, Sch.
maximum speed at which motor vehicles may be driven, to reckless
or dangerous driving or to careless driving, he shall not be convicted
unless-
(a) he was warned at the time the offence was committed that the
question of prosecuting him for an offence under some one
or other of the sections aforesaid would be considered; or
(b) within fourteen days of the commission of the offence a
summons for the offence was served on him; or
(c) within fourteen days a notice of the intended prosecution,
specifying the nature of the alleged offence and the time
and place where it is alleged to have been committed, was
served on or sent by registered post to him or to the person
registered as the owner of the vehicle at the time of the
commission of the offence:
Provided that -
(a) neither the name and address of the accused nor the name
and address of the registered owner of the vehicle could
with reasonable diligence have been ascertained in time for
a summons to be served or for a notice to be served or sent
as aforesaid; or
engine, light amber mineral fuel oil or a substitute therefor which is 38 of 2012, s. 17.
approved by the Minister by notice in the Gazette:
(2) If the owner or the driver of any motor vehicle uses any
fuel contrary to subsection (1), or if any person sells any fuel having
reason to believe that it will be so used, the owner and the driver and
such person shall each be guilty of an offence and liable to a fine not
exceeding twenty thousand shillings or to imprisonment for a term not
exceeding three years or to both; and in addition the vehicle shall be
liable to be forfeited.
Signals and signs to
52. (1) The driver of a vehicle shall at all times - be obeyed.
1 of 1986, s. 15,
(a) obey any directions given, whether verbally or by signal, by a 38 of 2012, s. 18.
police officer in uniform, in the execution of his duty; and
(b) conform to the indications given by any traffic sign; and
(c) stop his vehicle on being so required by a police officer in
uniform; and
(d) when any person in charge of any cattle raises his hand
or in any manner gives a signal to stop, forthwith stop his
vehicle and keep it stationary for as long as it is reasonably
necessary.
and the court shall exercise the power conferred by Part VIII of canceling
any driving licence held by the offender and declaring the offender
disqualified from holding or obtaining a driving license for a period of
two years starting from the date of conviction.
Offences relating
52A. (1) Any person who, being the driver of a vehicle, in any
to parking bays
parking bay or parking area - and areas where no
36 CAP. 403 Traffic [Rev. 2012
charges are made.
14 of 1962, s. 5, (a) leaves the vehicle for a period in excess of the time prescribed
38 of 2012, s. 19. by any traffic sign relating to that bay or area; or
(b) contravenes or fails to comply with any traffic sign relating
to that bay or area as to the manner in which vehicles shall
stand in, or be driven into or out of, the bay or area; or
(c) leaves the vehicle in contravention of any traffic sign relating
to that bay or area,
or any inflammable substance shall remain stationary for more than carrying explosives,
fifteen minutes within the boundaries of a trading centre, township, petroleum etc,
municipality or city except - 1 of 1986, s. 16.
(a) when unloading; or
(b) in an area designated by the Minister for parking of such
vehicles.
direction.
(4) Any person who leaves any vehicle on a road in such a position
or manner or in such a condition as to cause or to be likely to cause any
danger to any person shall be guilty of an offence and liable-
Racing, pacemaking 54. (1) It shall not be lawful for any person, without the written
and trial of consent of the highway authority and of the Commissioner of Police,
speed. to promote or take part in any race or trial of speed between vehicles
on a road.
Condition of 55. (1) No vehicle shall be used on a road unless such vehicle
vehicles. and all parts and equipment thereof, including lights and tyres, comply
with the requirements of this Act, and such parts and equipment shall
at all times be maintained in such a condition that the driving of the
vehicle is not likely to be a danger to other users of the road or to persons
travelling on the vehicle.
Rev. 2012] Traffic CAP. 403 39
56. (1) No vehicle shall be used on a road with a load greater than Limitation of loads.
the load specified by the manufacturer of the chassis of the vehicle or
than the load capacity determined by an inspector under this Act.
57. (1) A highway authority may grant a permit subject to such Exemptions.
conditions as may be specified therein -
58. (1) Any person who drives or uses on a road a vehicle in Penalty for improper
contravention of the provisions of section 55 or section 56 shall be condition or
guilty of an offence and liable to a fine not exceeding four hundred overloading.
13 of 1980, Sch.,
thousand shillings or to imprisonment for a term not exceeding two
11 of 1983, Sch.,
years or to both: 2 of 2007, Sch,
33 of 2012, s. 62.
Provided that rules under this Act may provide that a person
who is guilty of an offence under section 55 or 56 shall be liable to
pay a fine according to a prescribed scale, and different scales may be
prescribed for first offenders, and for second or subsequent offenders,
within a prescribed period, but so that no person shall thereby be liable
to pay a fine greater than the maximum provided by this subsection;
and for the avoidance of doubt it is declared that liability of a person
to pay a fine on a prescribed scale shall not affect that person’s liability
to imprisonment under this subsection as an alternative to, in addition
40 CAP. 403 Traffic [Rev. 2012
(2) For the purposes of subsection (1), any person who is shown
to the satisfaction of the court to be responsible for the maintenance
of the vehicle, and any person who is shown to the satisfaction of the
court to have been responsible for the loading of the vehicle, shall be
deemed to have used the vehicle on the road.
Restrictions on pillion 60. (1) It shall not be lawful for more than one person in addition
riding. to the driver to be carried on any two-wheeled motor cycle, nor shall it
38 of 2012, s. 21. be lawful for any such one person to be so carried otherwise than sitting
astride the motor cycle and on a proper seat securely fixed to the motor
cycle behind the driver’s seat.
Rev. 2012] Traffic CAP. 403 41
61. (1) Except for the purpose of testing or repairing a motor Riding in position.
38 of 2012, s. 22.
vehicle, no person shall ride or be carried on the footboard, tailboard,
steps, mudguards, canopy, roofing or elsewhere on the outside of any
vehicle.
65. (1) If any person, whether employed by the owner or not, takes Taking motor
and drives away any motor vehicle without the consent of the owner vehicle without
thereof or other lawful authority, he shall be guilty of an offence and consent.
liable to imprisonment for a term not exceeding two years or to a fine 38 of 2012, s. 23.
not exceeding fifty thousand shillings or to both:
42 CAP. 403 Traffic [Rev. 2012
Provided that if the court is satisfied that the accused acted in the
reasonable belief that he had lawful authority, or in the reasonable belief
that the owner would, in the circumstances of the case, have given his
consent if he had been asked therefor, the accused shall not be liable to
be convicted of an offence.
(2) If, in any prosecution for stealing a motor vehicle, the court is
of opinion that the defendant is not guilty of stealing the motor vehicle,
but was guilty of an offence under this section, the court may find him
guilty of an offence under this section.
Power to regulate 69. Without prejudice to any powers or duties of the police under
traffic. this Act or any other Act, it shall be the duty of the police -
Traffic signs. 70. (1) Subject to and in conformity with such general or other
37 of 2012, s. 4.
directions as may be given by the Minister, a highway authority may
cause or permit traffic signs to be placed on or near a road.
(2) Traffic signs shall be of the prescribed size, colour and type
except where the Minister authorizes the erection or retention of a sign
of another character.
Provided that -
(4) All traffic signs shall be deemed to have been lawfully erected
until the contrary is proved.
(5A) The driving licence of a person who has been convicted for
the violation of a speed limit prescribed for a road under subsection
(1A) shall be invalidated for a period not less than three years -
Provided that this subsection shall not apply in the case of any
sign or object so long as its retention is expressly authorized by the
highway authority.
71. (1) It shall be lawful for the highway authority or its Closure of roads.
authorized representative, for the purpose of preventing damage being 37 of 2012, s. 5.
46 CAP. 403 Traffic [Rev. 2012
caused to any road or for the purpose of carrying out any works which it
may consider necessary or desirable in connexion with the maintenance
or improvement of any road, to close the whole or any part of such
road to all vehicles or any particular type of vehicles at any time for
any period it may think fit.
(3) It shall not be lawful for the driver or person in charge of any
vehicle to drive or haul the vehicle or cause it to be driven or hauled over
any portion of a road which is closed to traffic and where a conspicuous
notice is displayed to the effect that the road is closed, unless he has
received the permission in writing of the highway authority.
Injury to bridges.
72. If any injury to a bridge or road is caused through any
contravention of this Act, it shall be lawful for the highway authority to
make good such injury and to recover the cost thereof from the owner of
the vehicle, and the certificate of the highway authority of the amount
of the cost of making good such injury shall be conclusive evidence of
the amount payable by such owner.
(d) provide that a vehicle which has been taken away from the
space in which it was left in the designated parking place
shall not again be left in that designated parking place until
after the expiration of such interval as may be prescribed;
(e) empower an inspector, or police officer or any specified
person to effect the moving, in case of emergency, of vehicles
left in a designated parking place, or the moving of vehicles
left in a designated parking place in contravention of this
Part or any by-laws made thereunder, to suspend the use of
a parking place or any part thereof when expedient and to
provide for the temporary removal of a parking meter;
(f) provide for the reservation of spaces in a parking place
for the exclusive use of Ministers, Assistant Ministers,
Permanent Secretaries of Ministries and heads of diplomatic
missions;
(g) provide for the removal from a parking place, and the safe
custody, of any vehicle in respect of which any requirement
of this Part has been contravened in relation to a parking
place, and for the recovery of the cost of removal and safe
custody;
(h) prohibiting or restricting the carrying on of trades or other
activities or the doing of any other thing within a designated
parking place;
(i) prescribe anything which under this Part may be
prescribed;
(j) make such incidental or consequential provision as appears to
the local authority requisite for the purpose of the satisfactory
operation of a parking place or for giving effect to the
provisions and purposes of this Part.
(2) The procedure for the making, approval and publication of Cap. 265.
by-laws made under subsection (1) shall be that prescribed in the Local
Government Act, and, for the purposes of their enforcement and the
disposal of fines imposed for their contravention, such by-laws shall
be deemed to be by-laws made by the same local authority under that
Act.
Provided that__
(3) If a vehicle is left in the parking place after the period for
which payment was made by the initial charge has expired, the amount
of the charge shall be the amount of the initial charge together with such
additional amount, called an excess charge, as may be prescribed, and
the excess charge shall be payable in such manner and at such time as
may be prescribed.
initial charge has not been duly paid for the vehicle.
Duty of local 72F. Where parking meters are installed in a designated parking
authority concerning place, it shall be the duty of the local authority to take the prescribed
parking meters. steps to ensure that they are maintained in good working order, and in
13 of 1968, s. 2. particular -
(a) for causing them to be periodically inspected; and
(b) for causing any faults then or at any other time found to be
remedied or the parking meters replaced; and
(c) for testing the meters (both before they are brought into use
and not less frequently than the prescribed intervals and on
other prescribed occasions); and
(d) recording the date of testing and the persons carrying out
the testing.
Offences concerning 72G. (1) Where -
designated parking
Rev. 2012] Traffic CAP. 403 51
places.
(a) a vehicle is left in a designated parking place, and any 13 of 1968, s. 2,
initial charge or excess charge which is thereby incurred is 38 of 2012, s. 27.
not duly paid; or
(b) a vehicle is left in a designated parking place and any of the
provisions of this Part or of any by-laws made thereunder
relating to the manner in which vehicles shall stand in or be
driven into or out of parking places is thereby contravened; or
(c) a vehicle is left in a designated parking place otherwise
than as authorized by this Part or by any by-laws made
thereunder, the owner of the vehicle and the driver of the
vehicle shall each be guilty of an offence and liable to a
fine not exceeding five thousand shillings, or in the case of
a second or subsequent offence to a fine not exceeding ten
thousand shillings:
Provided that -
Protection of local 72H. The exercise by a local authority of its powers under this
authority. Part shall not render the local authority liable in respect of any loss or
13 of 1968, s. 2. damage to any vehicle or to the contents or fittings thereof.
72J. Without prejudice to its powers to make by-laws under Power to make
by-laws for parking
section 72A, a local authority may -
elsewhere than in
designated parking
(a) provide parking places on roads or on other places under places.
its control, within its area of jurisdiction, for vehicles or 13 of 1968, s. 2.
vehicles of any particular class or description (including the
provision of omnibus stations), having regard to both the
interests of traffic and the interests of owners and occupiers
of adjoining property;
and subsection (2) of that section shall apply in respect of any such
by-laws.
73. (1) If, in any case, owing to the presence of a motor vehicle Duty to stop and
on a road, an accident occurs whereby injury or damage is caused to any report.
52 of 1959, s. 9.
person, vehicle, dog or cattle, the driver of the motor vehicle shall stop,
and if required to do so by any person having reasonable grounds for
54 CAP. 403 Traffic [Rev. 2012
so requiring give his name and address, and also the name and address
of the owner and the identification marks of the vehicle.
(2) Any other person in the vehicle at the time of the accident
shall also, if required to do so, give his name and address.
(4) The owner of a motor vehicle shall supply the police with
all information necessary for the identification of a driver involved in
an accident.
Inspection of vehicle 74. Where an accident arises out of the presence of a motor vehicle
involved in an on a road, any police officer may inspect any vehicle in connexion
accident. with which the accident arose, and for that purpose may enter at any
reasonable time any premises where the vehicle is, and if any person
obstructs such police officer in the performance of his duty under this
section he shall be guilty of an offence.
Penalties under this 75. Any person who contravenes or fails to comply with any
Part. of the provisions of this Part shall be guilty of an offence and liable
38 of 2012, s. 28. on first conviction to a fine not exceeding five thousand shillings or
to imprisonment for a term not exceeding three months, and on each
subsequent conviction to a fine not exceeding ten thousand shillings or
to imprisonment for a term not exceeding six months or to both.
Powers of court. 76. (1) Any court before which a person is convicted of any
1 of 1986, s. 21. offence in connexion with the driving of a motor vehicle may -
77. An appeal shall lie against any order made by a court under Right of appeal.
section 76 in the same manner as against a conviction, and the court
making the order or the court to which the appeal lies may suspend the
operation of the order pending the determination of the appeal.
78. (1) In any case where a court under any provisions of this Act Cancellation of
has ordered the suspension of a driving licence or provisional driving driving licence.
licence, the licence shall be deemed to be cancelled in respect of the class
or classes of motor vehicles in respect of which the order was made.
79. (1) Where a person is charged with an offence under this Act Production of driving
for which the penalty may be or shall include disqualification for holding licence.
or obtaining a licence, or suspension, cancellation or endorsement of 1 of 1986, s. 22,
a licence, he shall, if he holds a driving licence or provisional driving 38 of 2012, s. 29.
56 CAP. 403 Traffic [Rev. 2012
licence, produce that licence at the time of the hearing to the court by
which the charge is to be heard.
81. If any person who under this Part is disqualified for holding or
Fraudulent
obtaining a driving licence or provisional driving licence applies for or
application
for driving obtains a licence while he is so disqualified, or if any person while he is
licence. so disqualified drives a motor vehicle or, if the disqualification is limited
38 of 2012, s. 30. to the driving of a motor vehicle of a particular class or description,
drives a motor vehicle of that class or description, on a road, or if any
Rev. 2012] Traffic CAP. 403 57
person who has been refused a licence applies for or obtains a licence
without disclosing such refusal, he shall be guilty of an offence and
liable to imprisonment for a term not exceeding nine months or to a
fine not exceeding ten thousand shillings; and a licence obtained by any
person disqualified as aforesaid shall be of no effect.
84. Where a person in respect of whom an order has been made Issue of new
under this Part requiring the endorsement of any licence or provisional licence free from
driving licence held by him has during a continuous period of three endorsement.
years or upwards since the order was made had no other such order
made against him, he shall be entitled, at any time, on application and
subject to the payment of the prescribed fee and to the surrender of
any subsisting permit, to have issued to him a new licence free from
endorsement:
85. Any person who when driving or attempting to drive, or Driving under
when in charge of a vehicle, other than a motor vehicle, on a road or influence of drink.
other public place is under the influence of drink or a drug to such an 38 of 2012, s. 32.
extent as to be incapable of having proper control of the vehicle shall
be guilty of an offence and liable to a fine not exceeding one hundred
thousand shillings or to imprisonment for a term not exceeding two
years or to both.
86. Any person who on any road or in any public place drives Reckless driving.
any vehicle, other than a motor vehicle, recklessly or at a speed or in 38 of 2012, s. 33.
a manner which is dangerous to the public, having regard to all the
circumstances of the case, including the nature, condition and use of
58 CAP. 403 Traffic [Rev. 2012
the road and the amount of traffic which is actually at the time or which
might reasonably be expected to be on the road, shall be guilty of an
offence and liable to a fine not exceeding one hundred thousand shillings
or to imprisonment for a term not exceeding two years or to both.
Careless driving. 87. Any person who on any road or in any public place drives a
38 of 2012, s. 34. vehicle, other than a motor vehicle, without due care or attention, or in
such a manner as to be an annoyance to the public, shall be guilty of an
offence and liable to a fine not exceeding one hundred thousand shillings.
Carelessness while in 88. Any person driving or conducting any cattle, dog or other
charge of animals. animal who, on any road, fails to exercise reasonable care to keep it
5 of 1971, s. 3, or them under proper control, or allows such cattle, dog or animal to
38 of 2012, s. 35. become a danger or annoyance to the public, shall be guilty of an offence
and liable to a fine not exceeding ten thousand shillings.
89. (1) Not more than one person shall be carried in addition to
Restrictions on riding
the rider on any bicycle, nor shall any such one person be so carried
bicycles.
38 of 2012, s. 36. otherwise than sitting on a carrier securely fixed to the bicycle or on a
step especially fitted to carry a passenger.
Offences in
90. (1) No owner or person in charge of a vehicle drawn by
connexion with animals shall allow an animal which is of materially defective vision
roads. to be used for drawing such vehicle on a road.
91. (1) Every person who, without the written permission of the Encroachment on and
highway authority - damage to roads.
38 of 1968, Sch.
(a) encroaches on a road or on any land reserved therefore at
the side or sides thereof by making or erecting any building,
fence, ditch, advertisement sign or other obstacle, or by
digging thereon or by planting or sowing any tree, shrub or
seeds thereon; or
(b) deposits or causes to be deposited in any manner whatever
on a road any material or matter, other than road-making
materials deposited for the purpose of making up or repairing
the road; or
(c) digs up, removes or alters in any way the soil or surface of
a road, or of any land reserved therefor at the side or sides
thereof, or if done for the purpose of moving a vehicle without
immediately thereafter making good the damage; or
(d) wilfully fills up, alters or obstructs any ditch or drain,
whether on a road or contiguous thereto, made by or under
the control of the highway authority, to carry water off the
road or to keep it from flowing on to the road; or
(e) allows any sludge or any filthy or noisome matter to flow
from any building or land in his occupation on to a road or
into any ditch or drain made by the highway authority; or
(f) causes or allows any timber, sledge, plough or other heavy
material, vehicle or implement not wholly raised above the
ground on wheels to be dragged on a road; or
(g) pitches any tent, booth or stall on a road; or
(h) makes any fire on any road,
92. (1) No person shall use or cause or permit to be used on any Prohibition on use
of tracked vehicles,
road any vehicle or trailer having ribbed, studded or spiked wheels or
etc.
fitted with chain or crawler type metal track:
(i) where such wheels or tracks are fitted with special rims
or street plates which would ensure an even contact with
the road surface;
(ii) to any road set aside by a highway authority for the use
of ox-drawn vehicles;
(iii) in any case where the highway authority has given per-
mission in writing for the use of such a vehicle and such
permission is carried on the vehicle to which it relates.
Non-liability of 93. (1) The highway authority shall not be liable for any loss or
highway authority for damage which may be caused to any person or property through the
damage. condition of a road or the failure of a road to sustain the weight of a
vehicle.
(2) Nothing in this Act shall affect the right of the highway
authority or of any person to recover compensation from the owner
or driver of any vehicle for any loss, damage or injury which may
be sustained by the highway authority or such person by the use of a
vehicle.
Public service 95. (1) No person shall own, drive or be in charge of any public
vehicles to be service vehicle on a road, unless there is in force in relation to such
licenced. vehicle a public service vehicle licence issued under this Part.
5 of 1971, s. 4,
1 of 1986, s. 23.
(2) Any person who contravenes this section shall be guilty of
an offence and liable -
96. (1) Application for the licensing of any motor vehicle as a Application for
public service vehicle shall be made by the registered owner of the public service vehicle
vehicle. licence.
52 of 1959, s. 10,
10 of 1984, s. 5.
(2) An application under subsection (1) shall be made to a
licensing officer in the prescribed form and in the prescribed manner.
97. (1) The licensing officer, if he is satisfied that the provisions Issue and conditions
of subsection (3) of section 96 have been complied with, shall, of licence.
upon payment of the prescribed fee, issue such licence as may be 14 of 1962, ss. 6, 8,
prescribed. 33 of 2012, s. 62.
62 CAP. 403 Traffic [Rev. 2012
(2) Public service vehicle licences shall be issued for such period
as may be prescribed :
(4) Every licence issued under this section shall be carried on the
vehicle to which it relates in the prescribed manner.
Drivers and 98. (1) A person shall not drive or act as the conductor of a public
conductors to be service vehicle on a road unless he is licensed for the purpose under
licenced. this Part, and a person shall not employ or permit any person who is
10 of 1984, s. 6, not so licensed so to do:
8 of 2009, s. 40,
33 of 2012, s. 62.
Provided that this subsection shall not apply to any person who
has hired a public service vehicle for the purpose of driving the vehicle
himself and whose passengers, if any, are not carried for hire or reward,
nor to any driver or conductor of a public service vehicle which is not
carrying passengers.
Provided that this subsection shall not apply to any person who
hires a motor vehicle for the purpose of driving such a vehicle himself
and whose passengers, if any, are not carried for hire or reward, nor to
any driver or conductor of a public service vehicle which is not carrying
passengers.
(7) Where any original licence or badge is found after being lost,
the duplicate thereof, if any, shall forthwith be returned to the Authority.
Power to cancel 99. (1) Any licence issued under this Part may be cancelled at any
or suspended time by the Authority if he is satisfied that, by reason of the conduct of
licence. the holder of such licence or the condition of any vehicle in respect of
33 of 2012, s. 62. which the licence is issued, such cancellation would be in the public
interest; and upon receipt of a notice of such cancellation, the licence
holder shall forthwith deliver up such licence to the Authority.
and shall -
100. (1) The Authority shall in respect of any public service Passengers and loads.
vehicle determine the maximum number of passengers, whether sitting 1 of 1986, s. 24,
or standing, and the weight of baggage or goods allowed to be carried 33 of 2012, s. 62,
at any time on such vehicle or on any vehicle of a similar class or 37 of 2012, s. 6.
description:
Provided that rules made under this Act may provide that a person
who is guilty of an offence under this subsection shall be liable to pay a
fine according to a prescribed scale, but so that no person shall be liable
to pay a fine greater than the maximum provided by this subsection.
(b) a child who is under the apparent age of five years and who
does not occupy a seat shall not count as a person;
(c) any two children each of whom is over the apparent age of
five years and under the apparent age of twelve years shall
count as one passenger.
Non-payment of fare. 101. (1) Where, at any place on its scheduled route, a motor
38 of 2012, s. 38. omnibus is, by reference to the relevant timetable, more than four hours
late, owing to a breakdown or any fault or neglect of the owner or his
servants or agents, any passenger who has paid his fare may elect to
alight from the motor omnibus and recover that proportion of the fare
paid by him in respect of the uncompleted portion of his journey.
(3) Any person who fails to pay any sum due from him by way
of fare for accommodation in a public service vehicle shall be guilty
of an offence and liable to a fine not exceeding ten thousand shillings.
(4) Upon any conviction for an offence under this section, the
court may, in addition to the imposition of a fine, make an order for the
payment of any sum due by the offender by way of fare, and may further,
if it thinks fit, award costs and compensation against the offender in
respect of any loss of time incurred by the owner, driver or conductor
of the vehicle in attending the court.
Regulation of public 102. (1) No person shall cause or permit any private hire vehicle
service vehicles. to ply for hire on any taxi rank, road, car park or other public place.
10 of 1984, s. 7.
Rev. 2012] Traffic CAP. 403 67
(3) The owner of every taxicab and every private hire vehicle
shall keep or cause to be kept a record in the prescribed form of every
separate period of hire of such vehicle; and such record shall be made
available for inspection by the police on demand:
(4) The highway authority may, after consultation with the officer
in charge of the police in the area concerned, appoint stopping places
where omnibuses may set down and pick up passengers, and no driver
of an omnibus shall stop his vehicle to set down or pick up passengers
on any road where stopping places have been provided other than at
such stopping places.
(3) The special badges required under section (1) shall be provided
by the Registrar of Motor Vehicles upon satisfaction of all requirements
68 CAP. 403 Traffic [Rev. 2012
Helmets and reflector 103B. (1) A person, including a passenger, shall not ride on a
jackets. motor cycle of any kind, class or description without wearing a helmet
37 of 2012, s. 7.
and a jacket that has reflectors.
(2) A person who rides a motor cycle shall provide a helmet and
a jacket that has reflectors to be worn by the passenger, and shall carry
only one passenger at a time.
(3) Every motor cycle shall be insured against third party risks in
Cap. 405 accordance with the Insurance (Motor Vehicles Third Party Risks) Act.
(5) A person shall not ride a motorcycle unless that person has a
valid driving licence issued in accordance with the provisions of the Act.
103C. (1) A person who, while not being the designated driver of Unauthorised driving.
37 of 2012, s. 7.
a publicservice vehicle, drives the vehicle while not being authorised
to do so commits an offence.
105. (1) It shall be lawful for any police officer in uniform to stop Inspection of
any vehicle, and for any police officer, licensing officer or inspector - vehicles.
1 of 1986, s. 27,
(a) to enter any vehicle; 38 of 2012, s. 41.
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.
(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.
(2) A driving license shall not be renewed under this Act unless
the person seeking the renewal produces to a licensing officer a report
prepared by the medical practitioner certifying the condition of the
applicant's physical fitness, including the condition of the person's eye
sight and hearing ability, and whether or not that condition or ability
makes the applicant fit to drive a motor vehicle.
Removal of vehicles 106. (1) Where any vehicle is found in use on a road in
from road. contravention of the provisions of this Act, or where any vehicle has
1 of 1986, s. 28, been left on any road or other public place in such circumstances as
33 of 2012, s. 62, to make it appear that such vehicle has been abandoned or should be
38 of 2012, s. 43.
removed to a place of safety, or where any vehicle has been left on a
road in a position which causes or is likely to cause danger to other road
users and the owner or driver cannot readily be found, it shall be lawful
for any police officer or any inspector to take the vehicle or cause it
to be taken to a police station or other place of safety by such method,
route and under such conditions as he may consider necessary, having
regard to all the circumstances of the case.
(a) such expenses have been paid to the person to whom they
are due; or
remain in force until the repairs specified therein have been satisfactorily
completed and the vehicle has been certified as complying with the rules
relating to construction, use, equipment and weight.
(5) Any person who permits the use of, or drives, any vehicle in
respect of which any prohibition or restriction is in force other than in
conformity with any conditions or for such purpose as may have been
specified shall be guilty of an offence and liable to a fine not exceeding
to a fine not exceeding fifty thousand shillings and for a second or
subsequent conviction to a fine not exceeding seventy five thousand
shillings, or to imprisonment for a term not exceeding twelve months.
(8) Any person who fails to comply with any instruction or order
given under this section shall be guilty of an offence and liable to a fine
not exceeding twenty thousand shillings or to imprisonment for a term
not exceeding six months.
107. It shall be lawful for any police officer to detain at a police Detention of
station or other place of safety any vehicle which has been removed vehicles.
from a road or other public place under section 106 until such inquiries
have been made by the police as they may think necessary in the
circumstances of the case.
108. (1) If in any proceedings under this Act any question arises as Certificate of
to whether a vehicle does or does not comply with any provisions of this inspector to be
Act, the certificate of an inspector to the effect that he has examined the admissible in
vehicle and as to the result of his examination may be read as evidence evidence.
although the inspector is not called as a witness.
(2) The court, if it thinks fit, may summon and examine the
inspector as to the subject matter of his certificate.
109. In any proceedings under this Act, an extract from the Certified extract
records of registered vehicles, certified under the hand of a licensing from records to
officer, may be received in evidence although the licensing officer is be admissible in
not called as a witness, and shall be prima facie evidence of the facts evidence.
72 CAP. 403 Traffic [Rev. 2012
110. The owner of any vehicle and any other person who is
Owner or other
able to provide such information shall, as soon as reasonably possible
person to furnish
name and address of
and in any case within seven days after having received a verbal or
driver of vehicle. written request for such information, give such information as he may
be required by a police officer to give as to the identity of the driver
of such vehicle.
Verification of 112. Any person to whom any application is made for anything to
facts. be done under this Act may require any facts stated in the information
to be verified to his satisfaction.
Giving false 113. Any person who makes any statement which to his knowledge
information.
is false or in any respect misleading in connexion with any information
38 of 2012, s. 45.
lawfully demanded or required under this Act shall be guilty of an
offence and be liable to a fine not exceeding ten thousand shillings or to
imprisonment for a term not exceeding twelve months or to both, and if
such statement is made to any person in connexion with an application
for any licence or permit the court convicting such person may also
order that such licence or permit be not granted for a stated period.
Fraudulent imitation, 114. (1) Any person who fraudulently imitates, alters, mutilates,
etc., of documents.
destroys or uses, or fraudulently lends or allows to be used by any other
38 of 2012, s. 46.
person, any licence, document, plate or mark issued or prescribed under
this Act shall be guilty of an offence and liable to a fine not exceeding
one hundred thousand shillings or to imprisonment for a term not
exceeding two years or to both.
116. (1) Notwithstanding the requirements of or provisions in any Notice to attend court
Act contained, it shall be lawful for any police officer to serve, either 1 of 1986, s. 30.
personally or by registered post, upon any person who is reasonably
suspected of having committed any offence in connexion with the
driving or use of any vehicle which is punishable only by a fine, or by
a fine and imprisonment for a period not exceeding six months, a notice
in the prescribed form requiring such person to attend court in answer
to the charges stated thereon, at such place and on such date and time
(which may be later in the day on which the notice is served or on any
subsequent date) as are shown on such notice or to appear by advocate
or to enter a written plea of guilty:
Provided that -
(i) such notice shall be served not later than fourteen days
from the date upon which the offence is alleged to have
been committed;
Cap. 75. (4) Such notification as aforesaid shall for all purposes be regarded
as a summons issued under the Criminal Procedure Code:
Provided that the person served with the notification shall not be
obliged to attend court in answer to the charge if he has pleaded guilty
in writing and sent the notification, together with the amount of the
statutory maximum penalty or penalties for the offence or offences to
which he has pleaded guilty, by prepaid registered post or by hand, to
the court indicated in the notification so as to reach that court within
the time indicated in the notification.
(6) If any person served with a notification under this section fails
to comply with such notification, the person to be liable for the offence
shall be the registered owner of the vehicle or, when the registered
owner is a company, the person appointed by the company to be liable
under this subsection or, in default of such appointment, the secretary,
or person performing the duties of secretary, of such company, unless
Rev. 2012] Traffic CAP. 403 75
it is shown by such person, owner or secretary, as the case may be, that
he was not in charge of the vehicle at the relevant time and he satisfies
the court that he has given all information at his disposal to the police
or the court to enable the person who was in charge at the relevant time
to be summoned.
(2) Subsection (1) shall not apply if the penalty imposed by the
court on the convicted person includes an order disqualifying that person
from holding or obtaining a driver's license.
(a) ten or more but less than fourteen, that person shall be
disqualified from holding or obtaining a driver's licence for
a period of six months;
(b) fourteen or more but less than twenty, that person shall be
disqualified from holding or obtaining a driver's licence for
a period of one year;
117B. In each police division, the Officer Commanding Police Officer Commanding
Division shall be responsible for traffic matters within the division and Police Division to be
all police officers shall be responsible for traffic matters. in charge of Traffic
matters.
37 of 2012, s. 8.
118. (1) Any person who acts in contravention of or fails to General penalty.
comply with the provisions of this Act, or who acts in contravention 5 of 1971, s. 5,
38 of 2012, s. 48.
of or who fails to comply with the conditions of any licence, order,
demand, requirement or direction issued under or in pursuance of this
Act, shall be guilty of an offence.
(2) Any person who is guilty of an offence under this Act for
which no penalty is otherwise provided shall be liable -
(3) All offences under this Act shall be cognizable to the police.
118A. (1) A municipal council, and a county council may make Local authority
by-laws: may make by-laws
regulating taxicabs,
etc.
(a) for controlling taxicabs within its area; L.N. 256/1963.
(b) for fixing the number of taxicabs permitted in its area;
(c) for requiring the installation and providing for the inspection
of meters on such taxicabs;
(d) for licensing the drivers of such taxicabs;
(e) for fixing the fees for any such licences; and
(f) for prohibiting the parking of taxicabs, except for the picking
up or depositing passengers or loads, elsewhere than on
stands provided for taxicabs.
78 CAP. 403 Traffic [Rev. 2012
(2) Every municipal council, urban council and area council may
make by-laws for controlling animal or human drawn vehicles which
are not licensed under any of the other provisions of this Act.
(2) In any case when the Minister has not prescribed a suitable
form under paragraph (b) of subsection (1), the Authority may direct
that a particular form shall be used for a particular purpose.
Page
Under section 15 (3)
Exclusion ..................................................................................... 73
Under section 51
Approval of fuel .......................................................................... 73
SUBSIDIARY LEGISLATION
“town clerk” means the person for the time being holding the office of
the town clerk of the council, his deputy and any other officer of the council
authorized by the town clerk in writing for the purpose of these by-laws.
3. (1) No driver of an omnibus when carrying passengers for hire or Start and termination
reward shall, without the prior written permission of the Town Clerk, start or of a journey.
terminate any journey.
Provided that nothing in this by-law shall apply to any omnibus standing
at any stopping place designated as an omnibus stop for the purpose only of –
(b) Setting down passengers from outside the omnibus station on the
onward journey.
(4) No motor omnibus shall remain within the omnibus station for a
period exceeding one hour or such other period as the council may from time
to time determine.
(5) Where the approved timetable provides an interval exceeding one hour
between the arrival and departure of any motor omnibus, such omnibus shall
be removed from the omnibus station to a lawful place of parking not being a
parking provided adjacent to a carriage way and it shall not be returned to the
omnibus station earlier than thirty minutes before the departure time.
Manner of parking in 7. (1) All motor omnibus within an omnibus station shall be under the
an omnibus station. directions of a station supervisor and the drivers of any such omnibus shall at
all times comply with and obey all instruction directions and orders given by
the station supervisor in respect of the place and manner of parking, the time
of departure and arrival and any other matters conducive to the efficient and
safe operation of an omnibus station.
(2) No motor omnibus once having been parked in a parking bay shall
be removed from such a bay without the express permission of the station
supervisor except when starting a journey.
(3) The Council may from time to time lay down conditions covering
such matters as are referred to in paragraph (1) of this by-law and may cause
such conditions to be prominently displayed at an omnibus station.
Removal of omnibus. 8. (1) Where a motor omnibus is left in an omnibus station otherwise
than in the manner authorized by part VIA of the Act or by these by-laws, the
station supervisor or a police officer may have the same removed and kept in
safe custody.
Sales. 10. No person shall use, or cause to be used any motor omnibus parked
in the omnibus station for purpose of effecting any sale purchase or exchange
of any goods.
Manner of entering 11. Where six or more persons are waiting to enter a motor omnibus at
an omnibus. an omnibus station they shall form a queue, and no person shall enter or attempt
to enter an omnibus ahead of any person in such a queue.
Instructions and 12. Every person in an omnibus shall comply with and obey all lawful
directions of station instructions, directions or others given by a station supervisor for the purpose
supervisor. for that purpose by the council.
Rev. 2012] Traffic CAP. 403 87
[Subsidiary]
16. Where ticket offices are provided by the Council on payment of rent, Ticket offices.
no person shall within or in the vicinity of an omnibus station buy or sell a
ticket or any document purporting to entitle a person to travel on any omnibus
except at such ticket offices.
17. No omnibus shall depart from the omnibus station until every Issue of tickets.
passenger therein has been issued with a ticket for his journey.
18. No person shall hawk, solicit or carry on any trade within or in the Hawking and trading.
vicinity of an omnibus station except with the prior written permission of the
Town Clerk.
19. The Council may provide suitable trading facilities in an omnibus Trading facilities.
station and such facilities may be let or hired out upon such conditions as it
88 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
may from time to time determine.
Fees and charges. 20. (1) The owner of any omnibus using an omnibus station shall pay
to the Council such fees as the council may prescribe with the approval of the
Minister.
(2) For the purpose of this by-law any omnibus driven into an omnibus
station shall be deemed to be using the omnibus station.
(3) No person shall drive an omnibus into an omnibus station when the
fee due in respect thereof has not first been paid.
Offences and 21. (1) In the case of a first offence, to a fine not exceeding two thousand
penalties. Kenya shillings, or imprisonment for a term not exceeding six months, or to
both such fine and imprisonment; or
Revocation of 22. By-laws 366, 367, 368,369,370,371, 372, 373, 374,375, 376, 377,
L.N. 1083/1948. 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393.
23. The following are the authorized routes and designated parking areas
for omnibuses;
2. The minor traffic offences which may be dealt with and prosecuted in
accordance with the provisions of section 117 of the Act shall be those specified
in the First Schedule.
3. The statutory maximum penalty which may be imposed in respect of
each of the minor traffic offences specified in the First Schedule shall, for the
purposes of section 117 of the Act, be the statutory maximum penalty specified
in that Schedule in relation to each such offence.
4. The form of police notification of a traffic offence for use under section
117 of the Act shall be the form in the Second Schedule.
92 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(rr. 2 and 3)
FIRST SCHEDULE
Scheduled Minor Offences
________________________________________________________________
2. Sections 12(1)
and 14; rule 7 Using identification plate or markother
as prescribed .............................................. 400
2. If you do not admit the charge[s] you are hereby required to attend
at the Traffic Court, ................................., on the ............... day of ..............,
19................., at..................... a.m. to answer the said charge[s].
(ii) if you wish, submit with your remittance any mitigating circum-
stances which you desire the magistrate to take into account.
Schedule of Offences Under the Traffic Act and the Traffic Rules
Here must be set out the offences and penalties set out in the
First Schedule.
X ADMISSION OF GUILT
(Do not detach)
Signature.............................................
Date.................................., 19............
To be sent to the Traffic Court addressed as overleaf with above-mentioned amount - see
paragraph 3.)
ARRANGEMENT OF RULES
Part I – Preliminary
Rule
1 – Citation.
2 – Interpretation.
3 – Offences under Act and Rules.
4 – Fees.
5 – Forms, marks, etc.
6 – Identification marks.
6A–Deregistration.
7 – Identification plates.
7A – Authorization permits.
8 – Manner of carrying licence.
8A - Manner of carrying vehicle licence certificate.
8B - Deleted.
9 – Vehicles exempted from registration and licensing.
62 – Interpretation of Part.
63 – Conduct of drivers and conductors.
64 – Conduct of driver.
65 – Conduct of conductor.
65A - Badges and uniform.
66 – Conduct of passengers.
98 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Rule
67 – Powers of authorized persons and police.
68 – Lost property.
69 – Penalties under this Part.
70 – Yellow bands.
71 – Photographs.
72 – Penalties under Part.
SCHEDULES
Rev. 2012] Traffic CAP. 403 99
[Subsidiary]
THE TRAFFIC RULES
G.N. 1902/1953,
L.N. 30/1957,
L.N. 426/1957,
L.N. 547/1959,
L.N. 99/ 1960,
L.N. 256/1963,
L.N. 311/1964,
L.N. 377/1964,
L.N. 225/1966,
L.N. 9/1967,
L.N. 45/1967,
L.N. 46/1967,
L.N. 121/1967,
L.N. 199/1967,
L.N. 257/1967,
L.N. 269/1967,
L.N. 93/1968,
L.N. 94/1968,
L.N. 140/1969,
L.N. 181/1969,
L.N. 30/1971,
L.N. 119/1971,
L.N. 209/1971,
L.N. 121/1972,
L.N. 179/1972,
L.N. 258/1972,
L.N. 136/1973,
L.N. 231/1973,
L.N. 47/1974,
L.N. 63/1974,
L.N. 82/1974,
L.N. 310/1974,
L.N. 9/1975,
L.N. 26/1975,
L.N. 99/1976,
L.N. 130/1977,
L.N. 55/1978,
L.N. 66/1978,
L.N. 108/1979,
L.N. 120/1979,
L.N. 40/1981,
L.N. 165/1981,
L.N. 166/1981,
L.N. 82/1982,
L.N. 105/1982,
L.N. 5/1983,
L.N. 25/1984,
L.N. 44/1984,
L.N. 145/1984,
100 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
L.N. 154/1984,
L.N. 161/1984,
L.N. 204/1984,
L.N. 92/1985,
L.N. 110/1985,
L.N. 148/1985,
L.N. 308/1986,
L.N. 361/ 1986,
L.N. 7/1987,
L.N. 267/1987,
L.N. 351/1987,
L.N. 242/1988,
L.N. 58/1989,
L.N. 341/1989,
L.N. 166/1990,
L.N. 381/1990,
L.N. 10/1991,
L.N. 270/1991,
L.N. 135/1992,
L.N. 84/1993,
L.N. 173/2009,
L.N. 90/2010. Part I –Preliminary
Citation.
1. These rules may be cited as the Traffic Rules.
Interpretation.
2. In these Rules, unless the context otherwise requires –
“authorized permit” means a permit issued under rules 7A (1) and 94;
“laden weight” of a vehicle means the weight of the vehicle and its load
when the vehicle is stationary and ready for the road, and includes the weight
of the driver and of any other person carried for the time being;
“night” means the interval between 6.45 o’clock in the evening and 6.15
o’clock in the morning of the next succeeding day;
(a) in the case of a motor vehicle having two axles one of which is not
a steering axle, through the centre point of that axle;
(b) in the case of a motor vehicle having three axles –
(i) where the front axle is the only steering axle, through a point
four inches in rear of the centre of a straight line joining the
centre points of the rear and middle axles;
(ii) where the rear axle is the only steering axle, through the centre
point of the middle axle;
(iii) where all the axles but one are steering axles, through the
centre point of the rearmost axle which is not a steering axle;
(c) in the case of a motor vehicle (whether having two axles or three
axles) where all the axles are steering axles, through a point situated
on the longitudinal axis of the vehicle and such that a line drawn
from it at right angles to that axis will pass through the centre of
the minimum turning circle of the vehicle;
“pneumatic tyre” means a tyre which complies in all respects with the
following requirements –
“towed vehicle” means any vehicle which is being towed by any other
vehicle by means of any device whatsoever, but does not include any sidecar
attached to a motor cycle nor any trailer forming part of an articulated vehicle;
“traffic lane” means, where any road has been divided into two or
more sections by any markings on the road surface or by any physical means
providing for the use of the road by two or more lines of traffic in one direction,
any such section;
Provided that no person shall be prosecuted twice for the same act or
omission.
Fees. 4. The fees set out in Part I of the First Schedule shall be payable in
regard to the respective matters therein contained.
Forms, marks etc. 5. (1) Every application, licence or other document, and every badge
or mark, prescribed under the Act or these Rules shall, except as otherwise
provided, be made in conformity with the appropriate form set out in the
Second Schedule.
(2) On the first licensing of any vehicle, the applicant for such licence
shall apply in Form I, and thereafter every application for a licence or transfer
in respect of that vehicle shall be made in Form II, in the Second Schedule.
L.N. 65/2005. (4) The badge referred to in section 98 (5) of the Act shall be in the form
Rev. 2012] Traffic CAP. 403 103
[Subsidiary]
set out in the Third Schedule.
6. (1) The identification mark of a vehicle assigned pursuant to subsection dentification marks.
(5) of section 6 of the Act shall include the letter or letters indicating the place
where the vehicle is registered as provided for by the Registrar, and a number
that shall be assigned to the vehicle by the licensing officer.
6A. (1) A person may apply to the Registrar of Motor Vehicles to be L.N. 78/2012.
issued with personalised number plates upon payment of the fees prescribed
in the First schedule.
(3) The following class of motor vehicles may not be issued with
personalized identification plates—
(e) Attorney-General - AG
(9) The personalised identification plates shall, where it is not used within
the six months, be returned to the Registrar of Motor Vehicles for safe keeping.
Identification plates. 7. (1) The following provisions of this rule shall apply to identification
plates carried pursuant to section 12 of the Act and to plates carried for use
under a dealer’s general licence –
(b) every vehicle other than a motor cycle or trailer shall have fixed
thereon one identification plate on the front elevation thereof and
one on the back elevation thereof; in both cases, the plate shall be
fixed in a horizontal position at right angles to the longitudinal
axis of the vehicle;
(c) every motor cycle shall have fixed thereon one plate at the rear
in a horizontal position at right angles to the longitudinal axis of
the cycle;
(d) every trailer shall have fixed thereon one plate at the back in a
horizontal position at right angles to its longitudinal axis;
(g) the space between adjoining letter and adjoining numbers shall
be 12 millimetres, and there shall be a margin between the nearest
part of any letter or number and the top and bottom of the plate of
at least 12 millimetres, and between the nearest part of any letter
or number and the sides of the plate of at least 12 millimetres in
the case of motor cycles and at least 25 millimetres in the case of
all other vehicles;
(h) the space between the last letter and the first number, or vice versa
as the case may be, shall be 40 millimetres, and where the letters
and numbers are in separate lines the space between the upper and
lower lines shall be 20 millimetres.
(2) (a) Every motor vehicle or trailer first registered after 31st May, 1974,
shall be fitted with reflective plates unless it is being operated under the authority
of a dealer’s general licence.
(b) Where a motor vehicle or trailer is not, on 1st June, 1974, fitted
with reflective plates, the owner thereof shall, on the first occasion
after that date upon which an application is made for a licence for
the vehicle or trailer, inform the licensing officer accordingly and
apply for the issue of reflective plates to him.
(4) In this rule, “fitted with reflective plates” means carrying identification
plates, as required by subparagraphs (b), (c) and (d) of paragraph (1), comprising
–
(a) distinctive letters and numbers in white on a background of green
reflective material for vehicles owned by local authorities;
(b) distinctive letters and numbers in white on a background of blue
reflective material for vehicles owned by such other public bodies
as the Permanent Secretary in the Office of the President may from
time to time, in writing, notify the Registrar and the public bodies
concerned; and
(c) distinctive letters and numbers in black on a background of
reflective material which –
(i) in the case of the plate on the front elevation or front mudguard,
is white; and
(ii) in the case of the plate on the rear elevation is yellow, for all
other vehicles.
Authorization 7A. (1) Any person who brings a foreign vehicle to Kenya by road or by
permits. other means shall report the presence of such vehicle to a licensing officer at
L.N. 187/1994. the nearest point of entry or at any Government office where vehicle licences
are normally issued and shall submit an application in the prescribed form for
an authorization permit which shall be accompanied by the foreign vehicle
registration book.
(2) For the purpose of this rule, the points of entry and exit shall be
Lunga Lunga, Taveta, Namanga, Isebania, Busia, Malaba, Mandera, Moyale,
Liboi, Keekorok, Oloitokitok, Lwakhakha, Kilindini, Lamu and Lokichogio.
(3) In the case of a private vehicle, the licensing officer may issue to the
applicant free of charge, an authorization permit in the prescribed form valid
for a period of seven days; and if the owner of the vehicle desires to keep the
vehicle in Kenya for a period exceeding seven days, and there is not then in
force in respect of the vehicle an international certificate, the Registrar may,
on production of the authorization permit and payment of the prescribed fee,
issue to the owner a licence for the vehicle valid for a period not exceeding
three months but renewable on expiry:
Provided that the aggregate period during which the vehicle may be kept
in Kenya shall not exceed twelve months.
Rev. 2012] Traffic CAP. 403 107
[Subsidiary]
(4) No such fee or any part thereof shall be refundable to the owner if
the owner takes or sends the vehicle out of Kenya before expiry of the licence;
and on expiry of the licence the vehicle shall, on application by the owner, be
registered and licensed in Kenya, or shall be removed from Kenya.
Provided that where the owner desires to keep the vehicle in Kenya for
a period exceeding twelve months, he shall have the vehicle registered and
licenced in Kenya before the expiry of the authorization period under this
paragraph.
(6) When removing the vehicle from Kenya, the owner shall produce
to the licensing officer at the nearest point of exit the authorization permit or
licence, as the case may be, and if the permit or licence has expired the prescribed
fee for each day the vehicle has been in Kenya after the expiry of the permit
or licence shall be payable.
(7) Any person who contravenes or fails to comply with the provisions
of this rule shall be guilty of an offence and liable –
(a) in the case of a first conviction, to a fine not exceeding two
thousand shillings or imprisonment for a term not exceeding six
months or both;
(b) in the case of a second or subsequent conviction, to a fine not
exceeding five thousand shillings or imprisonment for a term not
exceeding one year or both.
(8) This rule shall not apply to foreign vehicles owned or operated by
Kenatco Transport Company Limited.
8. (1) Every vehicle licence issued under section 17 or 17A of the Act, Manner of carrying
and every public service vehicle licence issued under section 97 of the Act shall licence.
be carried on the vehicle –
(a) in the case of a motor-cycle, in any prominent position on the cycle;
(b) in the case of a motor-cycle with side-car, either as provided in
paragraph (a) or on the nearside of the side-car in front of the seat;
(c) in the case of a trailer, on the nearside of the trailer;
(d) in the case of all other vehicles, on the nearside of the vehicle in
front of the front seat, and facing either forward or to the nearside
of the road.
8A. Every vehicle licence certificate issued under section 20A of the
Manner of carrying Act shall be carried on the vehicle in respect of which it is issued affixed to
vehicle licence the identification plate.
certificate.
8B. (Deleted by L.N. 33/2007).
Vehicles exempted 9. (1) The following classes of vehicles shall be exempt from registration
from registration and and licensing under Parts II and III of the Act –
licencing. (a) vehicles the property of the President;
(b) vehicles owned by the armed forces;
(c) (Deleted by L.N.209/1971);
(d) vehicles used under the authority of a dealer’s general licence.
Vehicles requiring 10. The classes of motor vehicles in respect of which a licensing officer
inspection report. shall require production of an inspection report under section 17 (2) of the Act
shall be –
(a) public service vehicles;
(b) commercial vehicles;
Rev. 2012] Traffic CAP. 403 109
[Subsidiary]
(c) heavy commercial vehicles.
10A. A vehicle inspection certificate issued under section 17A of the Act Inspection certificate.
shall be in form XXIIA set out in Second Schedule and shall be displayed in
the manner prescribed under rule 8.
11. (1) The following licences and permits shall be deemed to be driving Validity of licences
licences in respect of the class or classes of vehicles for which they are issued, and permits.
and throughout the period of their validity, except where otherwise hereinafter
specified –
(a) a valid driving licence or driving permit issued in Uganda, Tanzania
or Ethiopia;
(b) a service driving permit issued by the Naval, Army or Air Force
authorities, but only for the purpose of driving Naval, Army or Air
Force vehicles on duty and subject to the permit being issued and
used in compliance with any regulations or instructions in force
in relation thereto;
(c) a convention driving permit, held by a person resident outside
Kenya;
(d) a domestic driving permit issued in a country outside Kenya to
a person resident outside Kenya, which shall be valid only for a
period of ninety days from the date of the holder’s entry into Kenya;
(e) where by reason of delays in printing or otherwise the form of
driving licence prescribed in the Second Schedule is temporarily
unavailable, the form prescribed in that Schedule as an interim
driving licence:
12. (1) A provisional licence shall be subject to the following conditions – Provisional licences.
(a) the holder of the provisional licence shall not drive a motor vehicle
unless he is, at all times whilst so driving, accompanied in the
vehicle by a person sitting next to him who holds a valid driving
licence for the class of vehicle concerned:
Provided that this paragraph shall not apply to the driving of–
(2) Any person who, not being the holder of a provisional licence; drives
any motor vehicle upon the front or rear of which is exibited a distinguishing
mark in the form set out in the Fifth Schedule shall be guilty of an offence.
Driving test. 13. (1) Any person who is required by the Act to pass a driving test shall
apply in writing in the prescribed test application form to a licensing officer,
who shall, on payment by the applicant of the prescribed fee, enter the date of
payment and his signature, and the date, time and place allotted for the test, in
the spaces provided for that purpose on the form.
(2) The applicant shall produce his test application form, completed as
aforesaid, to a driving test examiner appointed under subsection (3) of section
3 of the Act, who shall make arrangements for the driving test to be carried
out, and shall either –
(a) if he is satisfied, having regard to the requirements and provisions
of the Act, that the applicant is competent to drive the class or
classes of vehicle named in the test application form, issue him with
a certificate of competency in the prescribed form; or
(b) if he is not so satisfied, endorse the test application form to the
effect that the applicant has failed to pass the test;
and shall in either case retain the test application form.
Driving licence. 14 (1) An applicant for a driving licence or provisional licence or for
the endorsement of an existing licence in respect of another class or classes of
vehicle, shall produce to a licensing officer –
(a) the application form and fee prescribed;
(b) two unmounted copies of a recent photograph of the head and
shoulders of the applicant, taken full face without hat, 45 millimetres
long by 35 millimetres wide and printed on normal photographic
paper;
(c) his certificate of competency, licence or permit as required by
paragraph (a) of subsection (1) of section 31 of the Act:
Provided that subparagraphs (b) and (c) shall not apply to an applicant
for a provisional licence only.
16. Every person presenting himself for a driving test in accordance with Applicant to provide
rule 13 shall provide for that purpose a vehicle, in good roadworthy condition, vehicle.
of the class named in the test application form.
17. For the purpose of paragraph (a) of subsection (1) of section 31 of the Driving tests - classes
Act, any person who has passed a test of competence to drive a motor vehicle of vehicles.
of the class or type specified in the first column of the Sixth Schedule shall be
deemed to have passed a test of competence to drive all motor vehicles of such
other classes or types as are specified in the second column of that Schedule in
relation to such first-mentioned class or type:
Provided that any person who has passed a test of competence to drive
a heavy commercial vehicle or motor omnibus shall be deemed to have passed
a test of competence to drive a matatu.
18. (1) No motor vehicle (other than a road roller) or trailer shall be Wheels and tyres of
driven on any road unless it is fitted with wheels and adequately inflated motor vehicles and
pneumatic tyres, or other type of wheel or tyre approved in writing by the trailers.
highway authority:
Provided that –
(2) A recut pneumatic tyre shall not be fitted to any wheel of a motor
vehicle.
19. (1) Subject to rule 18, no vehicle the gross weight of which exceeds Wheels and tyres of
450 kg. shall, except on the written authority of the highway authority, be used other vehicles.
112 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
on any road unless fitted with wheels and adequately inflated pneumatic tyres:
(2) No vehicle fitted with wheels without pneumatic tyres shall be used
on a road if any wheel or tyre fitted to the vehicle is so defective that it does not
bear evenly on the level surface when the vehicle is moving thereon.
Wheels and tyres to 20. Every vehicle used on a road shall be equipped with such tyres and
be adequate. wheels as are adequate to carry safely the permitted maximum laden weight
of the vehicle.
Springs. 21. Every motor vehicle, other than a tractor or motor cycle, shall be
equipped with suitable and sufficient springs between each wheel and the frame
of the vehicle.
Brakes on motor 22. (1) Every motor vehicle shall be equipped with two entirely
vehicles. independent and efficient braking systems, or with one efficient braking system
having two independent means of operation, in either case so designed and
constructed that the failure of any single portion of any braking system shall
not prevent the brakes on two wheels, or, in the
case of a vehicle having less than four wheels, on one wheel, from operating
effectively so as to bring the vehicle to rest within the distance and under the
conditions specified in paragraph (10):
Provided that, in the case of a single braking system, the two means
of operation shall not be deemed to be otherwise than independent solely by
reason of the fact that they are connected either directly or indirectly to the
same cross shaft.
(2) In the case of a motor vehicle having more than three wheels and
equipped with two independent braking systems, each such system shall be
so designed and constructed that, if the brakes thereof act either directly or
indirectly on two wheels, they shall act on two wheels on the same axle.
(3) In all cases the brakes operated by one of the means of operation
shall –
(a) be applied by direct mechanical action without the intervention of
any hydraulic, electric or pneumatic device; and
(b) act directly upon the wheels and not through the transmission gear.
Brakes on (4) In the case of a steam-driven vehicle, the engine of the vehicle shall be
steam-driven deemed to be one independent braking system if the engine is capable of being
vehicles. reversed, and is incapable of being disconnected from all the road wheels other
than the steering wheels except by the sustained effort of the driver.
Brakes on trailers. (5) (a) Every trailer having a permissible laden weight exceeding one
ton or exceeding one-half of the unladen weight of the drawing vehicle shall
be equipped with at least one braking device capable of –
Rev. 2012] Traffic CAP. 403 113
[Subsidiary]
(7) Every combination of a motor vehicle and one or more trailers shall Brakes on
be equipped with brakes capable of controlling the movement of and of stopping combinations of
the combination in an efficient, safe and rapid way under any conditions of vehicles.
loading on any up or down gradient on which it is operated.
(8) Except in the case of motor cycles with or without side-cars attached, Parking brakes.
every motor vehicle shall be equipped with a braking system so designed and
constructed that it can be set so as effectually to prevent two at least, or in the
case of a vehicle with only three wheels one, of the wheels from revolving
when the vehicle is unattended.
(9) Every vehicle used on a road, other than as provided for in this rule, Brakes on other
shall be equipped with a brake or brakes capable of bringing it to rest within vehicles.
a reasonable distance.
(10) The braking system on every motor vehicle shall be so constructed Braking efficiency
and maintained as to bring the motor vehicle to a stop in a distance of 7.5 metres
when running at a rate of 25 kilometres per hour on level ground; in order to
measure the adequacy of a braking system under this paragraph it shall be lawful
for any police officer or inspector to use a Tapley meter or other instrument
of the like function specified for the purpose by the Commissioner of Police,
and any reading on such meter or instrument of less than 30 per cent shall be
prima facie evidence of the inability of the brakes tested to conform to the
requirements of this paragraph.
22A. (1) No motor vehicle shall be used or driven on a road unless it is Fitting of seat belts.
fitted with seat belts in the following manner: L.N. 65/2005.
114 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Manner of Fitting:
(1) A seat belt per seating position in a motor vehicle, and if seating
accommodation is provided for more than two persons abreast, whether by a
continuous seat known as a “bench seat” or by separate seats, the seat belts for
the persons other than those seated next to the
body of the vehicle may consist only of a lap strap position of seat belt.
(2) The owner of any motor vehicle used or driven on a road contrary to
paragraph (1) shall be guilty of an offence and liable to a fine of one thousand
shillings for every seat that is not fitted or, if fitted, is not of the proper standard
or specification.
(4) A person who does not wear a seat belt as required under paragraph
(3) shall be guilty of an offence and liable to a fine of five hundred shillings.
Lights on motor 23. (1) Every motor vehicle shall be equipped with two lamps at the
vehicles. front of the vehicle, one on each side; and when a motor vehicle is in motion
on a road at night the two lamps at the front of the vehicle shall be lighted and
the rays from the lamps shall be white or yellow, and, if the vehicle is capable
of proceeding at a speed greater than 30 kilometres an hour, shall be of such
intensity as to illuminate the road ahead for a distance of at least 100 metres:
Provided that –
(i) a motor cycle shall show one such light as aforesaid, but if a
side-car is attached to the motor-cycle there shall be shown on
that side of the side-car not adjacent to the motor cycle an ad-
ditional light of sufficient intensity as to be visible for a distance
of at least 150 metres at night;
(ii) when a motor vehicle is in motion at night on a road lighted
by electric lamps, it shall be lawful for such vehicle to show
two lights in front of the kind and in the manner described in
paragraph (2) in place of the lamps described in this paragraph.
(2) Every motor vehicle and every trailer not attached to a motor vehicle
shall, when stationary on a road at night, other than in a car park or in a place
reserved for parking in a street where adequate lighting is normally provided,
show two lights in front, one at each side, of sufficient intensity to indicate
the presence of the motor vehicle or trailer from a distance of 150 metres to
approaching traffic:
Rev. 2012] Traffic CAP. 403 115
[Subsidiary]
Provided that a motor cycle not attached to a side-car shall show one
such light as aforesaid.
(3) Every motor vehicle or trailer, when on a road at night, and whether
in motion or stationary, shall carry two lamps at the rear of the vehicle of such
intensity as to indicate clearly within a distance of not less than 200 metres (in
the absence of fog, mist or rain) its presence on the road to traffic approaching
from behind, and the lamps shall –
Provided that –
(i) where a trailer is attached to a tractor vehicle it shall be sufficient
if the lamps are carried at the rear of the trailer;
(ii) a motor cycle not attached to a side-car shall carry one lamp.
(4) (a) All lamps required by paragraph (1) shall be equipped with a
means of eliminating any dazzling effect produced by such lamps,
but such elimination shall in every case leave sufficient light to
illuminate clearly the road ahead for at least 25 metres.
(b) Such elimination shall be effected –
(i) on the approach from the opposite direction of another vehicle;
(ii) where in the interests of safety it is necessary.
(iii) where the lamp is used pursuant to paragraph (7).
(5) No motor vehicle shall be equipped with more than one swivelling
light.
(7) Every motor cycle shall, when in motion in daylight hours, have its
front lamp lighted.
24. Every vehicle other than a motor vehicle or trailer, when on a road Lights on vehicles
at night whether in motion or stationary, shall– other than motor
vehicles.
(a) be equipped with two lamps showing a white light, so fixed and
lighted as to indicate clearly to approaching traffic from a distance
116 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
of 150 metres the presence and width of the vehicle and of any
load carried thereon; and
(b) two lamps to the rear so as to indicate clearly its presence on the
road to traffic approaching from behind:
Provided that –
Reflectors and 25. (1) In addition to the lamps required or permitted to be carried on
warning signs. vehicles under these Rules, reflectors and warning signs shall also be carried
as follows –
(i) one red reflector fitted at the rear thereof not less than 45 centi-
metres above ground level; and
(ii) on and after 1st January, 1970, a warning sign, securely affixed to
the rear mudguard and extending upwards from the rear lower
edge thereof, conforming to the dimensions and details set out
in Part II of the Tenth Schedule:
(6) Where the structure of any vehicle is such that it is not possible to
comply with the provisions of this rule relating to the size or position of warning
signs which are applicable to such vehicle, such signs shall be fitted of such
size and in such position as to comply with such positions as nearly as may be.
(7) For the purposes of this rule and the Tenth Schedule to these Rules
but not subrule (8) of this rule –
(8) For the purposes of section 53 (2) (aa) of the Act, the reflecting
triangles shall be of the dimensions specified in Part IV of the Tenth Schedule
and shall be constructed in accordance with the Kenya Standard Specification
for portable reflective warning triangles for motor vehicles being standard No.
KS 03-815: 1987.
25A. (1) A person shall not ride on a motor cycle of any kind, class or
Motor cycles. description without wearing a helmet and a jacket that has reflectors.
L.N. 173/2009.
(2) A person who rides a motor cycle shall provide a helmet and a jacket
that has reflectors to be worn by the passenger, and shall carry only one passenger
at a time.
(3) A passenger shall wear a helmet and a jacket which has reflectors as
provided under paragraph (2).
(4) Every motor cycle shall be insured against third party risks in
accordance with the Motor Vehicle (Third Party) Insurance Act.
Cap. 405.
(5) For the purposes of this regulation a helmet shall be of such shape,
construction and quality as may, from time to time, be prescribed by the Minister
by notice in the gazette.
Rev. 2012] Traffic CAP. 403 119
[Subsidiary]
(6) A person shall not ride a motorcycle unless that person has a valid
driving licence issued in accordance with the provisions of the Act.
(7) For the purposes of this rule, “ride” means to operate, manage or to
be in control of a motor cycle.
27. (1) Every motor vehicle shall be so constructed, maintained and used Emission of smoke
that no smoke or visible vapour is emitted therefrom.
and sparks.
(2) Every motor vehicle using solid fuel shall be fitted with an efficient
appliance for the purpose of preventing the emission of sparks or grit, and also
with a tray or shield to prevent ashes and cinders from falling on to the road.
28. Every motor vehicle whose weight unladen exceeds 8 cwt. shall be Reversibility.
so constructed and maintained as to be capable of travelling either forwards
or backwards.
29. Every motor vehicle shall be equipped with a reflecting mirror, so Reflecting mirror.
constructed and fitted as to enable the driver to be or become aware of the
presence in the rear of any other vehicle.
30. (1) Every motor vehicle shall be so designed, constructed and used Windscreens and
that the driver controlling it has a full view of the road and traffic ahead. windows.
(2) The windscreen and windows of every motor vehicle shall be kept
free from the application of any material which has, or is capable of having,
reflective properties.
(3) The windscreen of every motor vehicle shall be kept in such condition
that the driver’s view is not impeded.
31. (1) Every motor vehicle registered in Kenya which is steered from Vehicles steered from
the left or nearside shall have painted on the rear left side a left-hand side.
white arrow pointing to the left, such arrow to be not less than one foot long and
two inches broad and to be clearly visible to traffic approaching from behind.
Types of direction 32. (1) Subject to rule 31, when a motor vehicle is equipped with direction
indicator. indicators, such indicators shall be of one of the following types –
(a) a movable arm capable of protruding beyond each side of the
vehicle and illuminated by a steady amber light when the arm is in
the horizontal position;
(b) a constantly blinking or flashing amber light affixed to each side
of the vehicle;
(c) a constantly blinking or flashing light placed at each side of the
front and rear of the vehicle; the colour of such lights shall be white
or orange towards the front and red or orange towards the rear.
Safety glass 33. The glass of any windscreens and windows facing to the front on the
outside of any motor vehicle shall be of a type which, upon impact, does not
fly into fragments capable of causing severe cuts:
Provided that this rule shall not apply to any vehicle which was first
registered in Kenya before the 1st January, 1930.
Warning instruments. 34. (1) Every motor vehicle and bicycle shall be fitted with an instrument
capable of giving audible and sufficient warning of its approach or position:
Provided that no such instrument shall consist of a gong bell (other than a
bicycle bell) or siren, except in the case of a vehicle being used for fire brigade,
ambulance or police purposes.
Wings. 35. (1) Every motor vehicle other than a tractor shall be fitted with wings
or other similar fittings to catch, so far as practicable, mud, water or stones
thrown up by the rotation of the wheels, unless adequate protection is afforded
by the body of the vehicle:
Provided that this rule shall not apply to a vehicle which is being driven
to any place for the purpose of having bodywork fitted or repaired.
Rev. 2012] Traffic CAP. 403 121
[Subsidiary]
(2) Every bicycle and power-assisted bicycle shall be fitted with an
adequate rear mudguard extending from a point forward of the saddle bracket
rearwards over and around the rear wheel to a point no higher from ground
level than the hub of that wheel.
36. Whenever a trailer is attached to any vehicle, the coupling shall be Trailer couplings.
efficient for the purpose, and shall be maintained in a safe condition.
37. (1) Every motor vehicle shall be fitted with a speedometer for Speedometers.
recording the speed of such vehicle with reasonable accuracy:
Provided that this rule shall not apply to any tractor, or any engineering or
agricultural machinery, or any special vehicle constructed for use by a disabled
driver, or any motor cycle the cylinder capacity of which does not exceed 100
c.c., or any vehicle which by reason of its construction is incapable of exceeding
30 kilometres per hour on level ground under its own power.
(3) Any person who drives or uses on a road a vehicle which does not
conform to the requirements of this rule shall be guilty of an offence, unless
he proves that it was not practicable, by reason of the
make or type of the vehicle, or for other good reason, to fit or maintain a
speedometer thereto.
38. An efficient windscreen wiper shall be fitted to every vehicle which is Windscreen wipers.
so constructed that the driver cannot, by opening the windscreen or otherwise,
obtain an adequate view to the front of the vehicle without looking through
the windscreen.
38A. (l) Every public service vehicle, with the exception of matatus, Public service vehicle
shall display, on both front and rear elevations, a sign plates.
(3) The owner of a public service vehicle being driven on a road which
does not carry a sign required by this rule shall be guilty of an offence and liable
to a fine not exceeding one thousand shillings.
122 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
40. The owner of every trailer or towed vehicle (other than a vehicle
which requires to be towed on account of a breakdown) shall have affixed in a
Trailer plates.
conspicuous position on the rear thereof the letter “T” in the form in the diagram
contained in the Seventh Schedule.
41. (1) (a) Subject to section 56 of the Act, the maximum weights and
dimensions referred to in section 55 (2) of the Act shall be as set out in the
Weights and
Twelfth Schedule.
dimensions of
vehicles.
(b) The volumes of liquid products not specified in the Thirteenth
L.N. 112/1999,
Schedule which may be loaded into each category of bulk liquid tank shall not
L.N. 118/2008.
exceed the axle load limits set out in this rule.
Fine (KSh.)
Degree of Each Axle Overloading or Excess
Gross Vehicle Weight in Kilograms (kg.) Fine on First Fine on Second or
Conviction (KSh.) Subsequent
Conviction (Ksh)
Less than 1,000 kg. 5,000 10,000
1,000 kg. or more but less than 2,000 kg 10,000 20,000
2,000 kg. or more but less than 3,000 kg 15,000 30,000
3,000 kg. or more but less than 4,000 kg 20,000 40,000
4,000 kg. or more but less than 5,000 kg 30,000 60,000
5,000 kg. or more but less than 6,000 kg 50,000 100,000
6,000 kg. or more but less than 7,000 kg 75,000 150,000
7,000 kg. or more but less than 8,000 kg 100,000 200,000
8,000 kg. or more but less than 9,000 kg 150,000 300,000
9,000 kg. or more but less than 10,000 kg 175,000 350,000
(5) (a) Every tank mounted on a vehicle or trailer for the purpose of
transporting bulk liquids shall have depicted on or affixed to each
side a sign or legend of the dimensions specified in the Thirteenth
Schedule detailing the following –
Provided that vehicles transporting liquids in bulk which are not specified
in the Thirteenth Schedule shall only bear the pictoral illustration specified in
subparagraph (i).
Provided that such means shall ensure the durability and legibility of
the sign or legend under the conditions prevailing during transport
operations.
(6) (a) Any person who contravenes the provisions of paragraphs (3),
(4) (b) and (5) shall be guilty of an offence and liable
(2) Every vehicle to which this rule applies shall have exhibited on it
a certificate issued by a certifying officer to the effect that it is fitted with the
speed governor complying with the prescribed specifications.
(3) Every public service vehicle purchase after 31st December, 2003,
Rev. 2012] Traffic CAP. 403 125
[Subsidiary]
shall be fitted with a speed governor before it can be licensed.
(4) Every owner of a public service vehicle shall be held liable for non-
compliance or tampering with speed governor fitted in his / her motor vehicle.
(5) Any person who owns, drives or causes to be driven or has charge
of a public service vehicle other than in accordance with the provisions of this
Part shall be guilty of an offence and liable-
42. The body of a motor omnibus or matatu shall be so constructed and Body construction.
maintained as to provide adequate safety for persons travelling therein.
43. The distance between the wheel tracks of the front or of the rear Wheel tracks.
wheels of a motor omnibus, taken from centre in line with the axles, shall not
be less than 1.42 metres, and shall in every case be sufficient to ensure the
stability of the vehicle.
44. (1) Every motor omnibus shall be provided with at least two exits, Doors and steps.
one of which may be an emergency window or panel as referred to in rule 45.
(2) At least one such exit shall be fitted with a door or doors, except
where the omnibus has been licensed to carry standing passengers as well as
sitting passengers, and each such door shall be not less than 450 millimetres
in width, and shall be so constructed as to permit of the free entrance and exit
of passengers at all times.
(4) The lowest step shall not be more than 450 millimetres above the
ground, the rises of all steps shall be closed and the treads of steps shall be
fitted with a form of tread-plate approved by an inspector.
(5) There shall be no entrance on the offside of the omnibus other than
the driver’s door.
45. (1) Every motor omnibus registered in Kenya shall be fitted with an Emergency window
emergency window or panel capable of immediate release in case of accident. or panel.
Access to doors and 46. (1) There shall be a clear passage to all doors and the emergency
emergency exits. window or panel for all passengers in a motor omnibus:
Ventilation. 47. There shall be adequate ventilation for both the passengers and the
driver of a motor omnibus or matatu without the necessity of opening the sides
thereof or any main windows or windscreen.
Interior illumination. 48. (1) The inside of every motor omnibus or matatu shall be adequately
illuminated when on a road at night; all wires conveying electric current shall
be so installed and insulated as not to be a source of danger to persons using
the omnibus or matatu.
(2) Means shall be provided to prevent light from the inside of the
omnibus or matatu from incommoding the driver.
Destination 49. Every motor omnibus or matatu shall have at least one suitable
indicators. indicator which shall show clearly the destination of the omnibus.
Signalling devices. 50. Every motor omnibus or matatu shall be fitted with a bell or other
suitable device for the purpose of enabling passengers to signal to the driver
or conductor.
Internal height. 51. The internal height of a motor omnibus in the centre line of the
omnibus from its floor to the inside of the roof shall not be less than 1.68 metres.
Clearance. 52. All the underparts of a motor omnibus inside the pivots of the front
axle and steering arms, as far back as the rear axle, shall clear the ground by
at least 18 millimetres; and in calculating such clearance allowance shall be
made for wear of tyres and springs and other causes likely to reduce clearance.
Windscreen. 53. Every motor omnibus or matatu registered in Kenya shall be fitted
Rev. 2012] Traffic CAP. 403 127
[Subsidiary]
with a windscreen which shall be made of safety glass.
54. (1) Every motor omnibus or matatu registered in Kenya shall be fitted Windows.
with adequate window space.
(2) Every such space shall be capable of being closed, but only by glass
of adequate strength or canvas.
(3) Where such window spaces are closed with glass, every alternate
window in the sides of the omnibus or matatu shall be capable of being opened.
54 A (1) A person shall not drive or operate a public service vehicle that Tinted motor vehicle
is fitted with tinted windows or tinted windscreen. windows.
L.N. 173/2009.
(2) For the purposes of this rule, “tinted” means shaded, coloured or
treated in a similar manner so that the persons or objects inside are not ordinarily
seen clearly from outside.
55. The owner of every motor omnibus or matatu shall cause to be painted Name-plates.
or otherwise clearly marked in the English language in a conspicuous position L.N. 161/2003,
on the right or offside of every such vehicle in letters not less than one inch in L.N 83/2004.
height which shall at all times be kept clearly legible –
55A. (1) With effect from 4th August 2005, every matatu shall have Horizontal band on
painted on both sides and on the rear, a broken horizontal yellow band having matatus.
a width of 150 millimetres and of a consistency sufficient to enable such band L.N. 65/2005.
to be clearly visible by day at a distance of at least 275 metres.
(3) The portions of the horizontal band referred to in paragraph (1) which
are not of the yellow colour shall not be more than 10 centimetres in width and
shall be separated by yellow portions of not less than 60 centimetres in width.
Fire extinguishers 56. (I) Every motor omnibus or matatu shall carry an efficient fire
and first aid outfits. extinguisher, which shall be maintained in perfect order and shall be carried in
such a position as to be readily available for use at any time.
(2) Every motor omnibus or matatu which operates outside the limits of
a municipality shall carry a first-aid outfit sufficient to deal with any reasonable
emergency; such outfit shall always be kept in first-class condition, and shall
be available for inspection at any time by a medical officer, an inspector of
vehicles or any police officer.
onductors.
C 57. Every motor omnibus and every matatu carrying passengers for hire
L.N. 65/2005. or reward shall carry a conductor licensed under section 98 of the Act:
Trailers. 58. No motor omnibus and every matatu, while carrying passengers,
L.N. 65/2005. shall tow a trailer or be towed by another vehicle.
Routes. 59. Every driver of a motor omnibus and every matatu shall, after leaving
L.N. 65/2005. a stand or garage with passengers, proceed direct to the place or places included
in the route of such motor omnibus without unnecessary delay, and shall not
return to the place of departure except on the scheduled return journey, save
in the event of a breakdown, or when ordered by a police officer or inspector
so to return.
Conduct of drivers. 59A. (1) No driver of any class of vehicle shall, while the vehicle is
L.N. 119/2001. in motion, use a mobile phone or any other communication equipment not
permanently fixed to the vehicle, which distracts or is likely to distract the
driver from driving.
Rev. 2012] Traffic CAP. 403 129
[Subsidiary]
(2) A person who contravenes any of the provisions of paragraph (1) of
this rule shall be guilty of an offence.
the vehicle in such manner as to prevent them from moving whilst the vehicle
is in motion.
63. The driver and the conductor of a motor omnibus or matatu– Conduct of drivers
(a) shall behave in a civil and orderly manner; and conductors.
(b) shall not smoke in or on the omnibus or matatu when it has
passengers on board;
(c) shall take all reasonable precautions to ensure the safety of
passengers in or on, or entering or alighting from, the omnibus or
the matatu;
(d) shall not wilfully deceive or refuse to inform any passenger omnibus
or matatu as to the fare for any journey;
(e) shall not obstruct, and shall not, on request at any reasonable time,
refuse or neglect to give all reasonable information and assistance
to, any person having authority to examine the omnibus or matatu;
(f) shall not operate any musical instrument in such a manner as to be
a nuisance to the passengers or other road users.
130 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Penalties under Part. 64. The driver of a motor omnibus or matatu –
L.N. 173/2009. (a) shall not when the omnibus or matatu is in motion enter
into conversation with the conductor or any other person without
reasonable cause;
(b) shall, when picking up or setting down passengers, stop the omnibus
or matatu as close as may be to the left or nearside of the road;
(c) shall not allow the matatu or omnibus to remain stationary on a
road, except at a terminus or at a stand or place where the omnibus
or matatu is specially authorized by law to stop;
(d) shall not pick or set down passengers, in any urban area, at a place
that is not authorized as a bus stop or bus terminal.
Badges and uniform. 65A.(1) With effect from 31st December, 2003, every driver and every
L.N 161/2003, conductor of public service shall wear a special badge and uniform.
L.N 83/2004.
(2) The uniform referred to in paragraph (1), shall in the case of a driver
be navy blue in colour and in the case of a conductor be maroon in colour.
(3) The badges will be provided by the Registrar of Motor Vehicles upon
payment of a prescribed fee.
(4) With effect from 1st February, 2004, every driver of a public service
vehicle shall undergo compulsory testing after every two years to ascertain his
or her competence.
(5) Every owner of a public service vehicle shall employ at least one
driver and one conductor who shall be security vetted.
(6) Every conductor or driver of a public service vehicle shall only take
up employment as such upon being vetted pursuant to paragraph (5) and shall
be paid a permanent monthly salary by the owner of the public service vehicle.
Rev. 2012] Traffic CAP. 403 131
[Subsidiary]
66. (1) No passenger shall – Conduct of
(a) use obscene or offensive language or conduct himself in a riotous passengers.
or disorderly manner; or L.N. 173/2009.
(b) enter or alight from or attempt to enter or alight from the omnibus
otherwise than by the doors or openings provided for the purpose; or
(c) when entering or attempting to enter the omnibus or matatu, wilfully
and unreasonably impede any other person seeking to enter the
omnibus or matatu or to alight therefrom; or
(d) enter or remain in or on the omnibus or matatu when requested not
to do so by an authorized person on the ground that the omnibus or
matatu is carrying its full complement of passengers; or
(e) travel in or on any part of the omnibus or matatu not provided for
the conveyance of passengers; or
(f) wilfully do or cause to be done with respect to any part of the
omnibus or matatu or its equipment anything which is calculated
to obstruct or interfere with the working of the omnibus or matatu
or to cause injury or discomfort to any person; or
(g) when the omnibus or matatu is in motion, distract the driver’s
attention without reasonable cause or speak to him unless it is
necessary to do so in order to make any request as to the stopping
of the omnibus or matatu; or
(h) give any signal which might be interpreted by the driver as a signal
from the conductor to start; or
(i) spit upon or from, or wilfully damage, soil or defile, any part of
the omnibus or matatu; or
(j) when in or on the omnibus or matatu, distribute printed or similar
matter of any description, or distribute any article, for the purpose
of advertising; or
(k) wilfully remove, displace, deface or alter any number-plate, notice-
board, fare table, route indicator or destination board or any printed
or other notice or advertisement in or on the omnibus or matatu; or
(l) when in or on the omnibus or matatu, to the annoyance of other
persons travelling therein use or operate any noisy instrument or
otherwise make or combine with any other person or persons to
make any excessive noise by singing,
shouting or otherwise; or
(m) when in or on the omnibus or matatu, throw any money or other
article to be scrambled for by any person on the road or footway;
or throw out of the omnibus or matatu any bottle, liquid or litter or
any article or thing likely to cause danger, injury or annoyance to
any person or damage to any property; or
(n) attach to or trail from the omnibus or matatu any streamer, balloon,
flag or other article in such manner as to overhang the road;
(o) wilfully obstruct or impede any authorized person in the execution
of his duty; or
(p) smoke or carry a lighted pipe, cigar or cigarette on or on any part
of the omnibus or matatu in respect of which a notice is exhibited
declaring that smoking is prohibited; or
(q) when in or on the omnibus or matatu, beg or hawk any article
for sale; or
(r) if his condition is such as to be offensive to other passengers, or the
132 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
condition of his dress or clothing is such that it may reasonably be
expected to soil or injure the lining or cushions of the omnibus or
matatu or the clothing of other passengers, enter or remain in or on
the omnibus or matatu after an authorized person has requested him
either not or enter or to leave the omnibus or matatu and in such
latter case has tendered to him the amount of any fare previously
paid; or
(s) enter or travel in or on the omnibus or matatu with petrol or any
dangerous or offensive article, or, except with the consent of an
authorized person, bring into or on to the omnibus or matatu any
bulky or cumbersome article or place any such article elsewhere
in or on the omnibus or matatu than as directed by an authorized
person; or
(t) bring any animal into or on to the omnibus or matatu without the
consent of an authorized person, or retain any animal in or on the
omnibus or matatu after being requested by an authorized person
to remove it, or place any animal elsewhere in or on the omnibus
or matatu than as directed by an authorized person; or
(u) fraudulently use or attempt to use any ticket which has been –
(i) altered or defaced; or
(ii) issued to another person, if such ticket bears thereon an indica-
tion that it is not transferable; or
(v) if he is in a state of intoxication, enter or attempt to enter, or having
entered refuse to leave, the omnibus or matatu; or
(w) enter or alight from any omnibus or matatu while the omnibus or
matatu is in motion, or attempt to do so.
(x) alight or board a matatu or omnibus, in any urban area, at a place
which is not authorized as a bus stop or bus terminal.
68. (1) The conductor or, where there is no conductor, the driver of an Lost property.
omnibus or matatu shall, after the completion of each journey, search for any
property left in the vehicle, and shall without undue delay take such property,
unless it is first claimed by the owner, to the nearest police station, or hand it to
a person authorized by the owner of the omnibus or matatu, who shall within
seventy-two hours take such property to the nearest police station.
(2) All such property, if claimed by the owner within two months after
the date on which it was brought to the police station, shall be delivered to the
owner, and if not so claimed shall be sold by public
auction and the net proceeds, after deducting all expenses, which shall include a
reward fee for the finder thereof of a sum equal to twenty per cent of the amount
realized by such auction, shall be paid into the Consolidated Fund.
69. A person who contravenes or fails to comply with any of the Penalties under this
provisions of this Part commits an offence and is liable to a fine of not less Part.
than ten thousand shillings and not exceeding fifteen thousand shillings or, L.N. 173/2009.
in default of payment, to imprisonment for a term not exceeding six months.
70. (1) With effect from 1st January, 2004, every taxicab shall have painted Yellow bands.
on both sides and on the rear a continuous horizontal yellow band having a L.N. 161/2003.
width of 150 millimetres and of a consistency sufficient to enable such band to L.N. 65/2005.
be clearly visible by day at a distance of not less than 275 metres.
Meeting or 73. (1) Every vehicle meeting or being overtaken by other traffic shall
overtaking traffic. be kept as close to the left or nearside of the road as possible.
(2) Every vehicle overtaking other traffic shall be kept to the right or
offside of such traffic.
(5) No vehicle shall overtake other traffic when such vehicle is rounding
a corner, or at any place where roads intersect or fork, or where a road passes
over the brow of a hill or over a hump-backed bridge, or where the driver of
the vehicle is unable to see sufficiently far ahead to enable him to overtake
with safety.
(6) Any vehicle meeting another vehicle on a road shall, where necessary
to allow safe passage for any reason, slow down, and the driver of an unladen
vehicle shall give right of way to any laden vehicle in such circumstances.
(7) Vehicles ascending any hill shall, where necessary, be given the right
of way by oncoming vehicles.
(8) The driver of any vehicle which is being driven on its offside of the
road shall give way to any oncoming traffic.
Rev. 2012] Traffic CAP. 403 135
(9) Notwithstanding the provisions of this rule, it shall be lawful for [Subsidiary]
vehicles to overtake in the near or left-hand traffic lane and for meeting traffic
to pass in their appropriate lane on any road which has been divided into three
or more traffic lanes by islands, bollards or markings on the road.
74. Where, for any reason, any vehicle is proceeding at a slow rate of Slow-moving traffic.
speed which is causing obstruction to other traffic, the driver of such vehicle
shall keep close to his nearside and permit other vehicles to overtake him.
75. Save where the contrary is allowed by a police officer in the execution Duty to keep left.
of his duty or by the indication of any traffic sign, drivers of vehicles shall drive
to the left side of all roundabouts, street islands or street refuges.
76. Every vehicle when turning to the left from one road into another Turning left.
road shall keep close to the left side of each such road.
77. Every vehicle when turning to the right from one road into another Turning right.
road shall drive round the point of intersection of the centre lines of the two
roads or round any island or mark which may have been erected or marked for
the guidance of traffic.
78. No vehicle shall be driven from one traffic lane to another such lane Change of traffic
unless the driver thereof has first made sure that he will not inconvenience lane.
traffic in such other lane.
78A. (1) The driver of a vehicle which is about to enter a roundabout Traffic on
shall give way to any other vehicle which is already in the roundabout and roundabouts.
shall, if necessary, stop before entering the roundabout in order to allow any
such other vehicle to proceed.
(2) No person shall drive any vehicle into a roundabout unless, at the
time of entry of the vehicle into the roundabout, it is reasonable to suppose
that the vehicle will not be forced to stop in the roundabout by reason of traffic
already therein.
(a) proceed in the roundabout in any direction other than one permitted
by the marking on the lane by which he enters the roundabout; or
(b) cross from one such lane into another whilst in the roundabout or
within twenty-five metres after the point of exit therefrom.
(4) For the purposes of this rule, a vehicle shall be deemed to have entered
or been driven into, or to be in, a roundabout –
(a) where a broken line has been placed at the perimeter of the
roundabout transversely to the road or traffic lane along which such
vehicle has approached the roundabout, when its front wheels have
crossed such line; or
(b) in any other case, when its front wheels have crossed the actual
136 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
perimeter of the roundabout.
(5) Any person who contravenes any provision of this rule shall be guilty
of an offence and liable –
(a) in the case of a first conviction therefor, to a fine not exceeding one
thousand shillings; and
(b) in the case of a second or subsequent conviction for such offence, to
a fine not exceeding two thousand shillings, or to imprisonment for a term not
exceeding three months, or to both.
Travelling 79. No person shall cause a motor vehicle to travel backwards for a greater
backwards. distance or time than may be requisite for the safety or reasonable convenience
of the occupants of that vehicle or of other traffic on the road.
Travelling with part
80. No driver or passenger in any vehicle shall, except for the purpose
of body outside
of giving a signal, or in the event of any emergency, or for the purpose of test
vehicle.
or repair, permit any part of his body to protrude outside such vehicle whilst
it is in motion.
Filling petrol. 81. No person shall fill with petrol any motor vehicle while the engine is
running, or while any light, other than an electric light is alight on the vehicle,
nor shall any person, whilst a motor vehicle is being filled with petrol, smoke,
strike a light or exhibit any flame within 10 feet of such vehicle.
Pedal cyclists. 82. Pedal cyclists shall in no case proceed more than two abreast.
Priority for police, 83. Every driver shall, upon hearing the sound of any gong, bell (other
fire engines and than a bicycle bell) or siren, indicating the approach of a police vehicle,
ambulances. ambulance or fire engine, at once give such vehicle right of way, and if necessary
pull his vehicle to the nearside of the road and stop until the police vehicle,
ambulance or fire engine has passed.
Arrangement of seats 85. (1) The distance between the backs of the seats on a motor omnibus,
in motor omnibuses. when the seats are so placed that they are facing one another, shall not be less
than 1,420 millimetres.
(2) Where seats are placed behind each other on a motor omnibus, the
distance between the backs of any two seats so placed shall not be less than
380 millimetres.
(3) Where the seats of a motor omnibus are placed lengthwise along the
sides of the omnibus, any seats constructed on any portion of the intervening
space between the seats so placed shall –
(a) be constructed either as separate single seats, each of which shall
face the front of the omnibus, or in sets of two single seats back to
back, one facing to the front and the other to the rear;
(b) be placed so as to be equidistant on both sides from the sides of
Rev. 2012] Traffic CAP. 403 137
[Subsidiary]
the omnibus; and
(c) be 380 millimetres in width and have clear space on all sides of
not less than 400 millimetres.
86. In determining the number of persons for which any public service Seating capacity
vehicle has seating capacity, the following provisions shall, apply – of public service
vehicles.
(a) in the case of a vehicle registered as a motor omnibus –
(i) where separate seats are provided for each person, one person
shall be counted for each separate seat provided;
(ii) where the vehicle is fitted with continuous seats, one person
shall be counted for each complete length of sixteen inches
measured in a straight line lengthwise on the front of each seat;
and where a continuous seat is fitted with arms for the purpose
of separating the seating spaces, and the arms are so constructed
that they can be folded back or otherwise put out of use, the seat
shall be measured as it had been fitted with arms;
87. (1) There shall be provided for the exclusive use of the driver of Driver’s seat in motor
every motor omnibus or matatu and every commercial vehicle a single seat or omnibus, matatu or
a section of continuous seat the front edge of which is not less than two feet in commercial vehicle.
length; and such seat shall be placed and constructed so that the driver is able
to control the vehicle effectively and with safety.
88. (1) No person shall be permitted by the owner, driver or other person Passengers on
in charge of a commercial vehicle to travel on the vehicle whilst it is being used commercial vehicles.
on a road otherwise than sitting on the seats provided for passengers; the number
of such seats shall be calculated in the same manner as for a motor omnibus.
Penalties under this 90. Any person who owns, drives, causes to be driven or has charge
Part. of a vehicle other than in accordance with the provisions of this Part shall be
guilty of an offence and liable to a fine not exceeding six hundred shillings or
to imprisonment for a term not exceeding two months or to both.
Interpretation of this 91. In this Part, unless the context otherwise requires –
Part.
“international certificate” means an international certificate for motor
vehicles issued in accordance with an international convention;
Issue of international 92. The Registrar shall, if he deems it necessary, appoint a competent
documents. authority to issue international driving permits, and any documents permitting
the international movement of motor vehicles, and the Registrar or such
authority shall –
(a) examine or cause to be examined any motor vehicle registered
in Kenya which is submitted for examination and, if satisfied after
examination that such vehicle is suitable for use on the highway
in another country and that it fulfils the conditions specified by
international convention, issue on payment of the prescribed fee
an international certificate for motor vehicles;
(b) examine any person submitting himself for examination and, if
upon examination he is found to be competent as provided by
international convention, issue to him on payment of the prescribed
fee an international driving permit:
International 93. The person in charge of a motor vehicle arriving in Kenya and
circulation permit. proposing to use the vehicle under this Part shall, within seven days of such
arrival, produce for inspection by a licensing officer –
in respect of such vehicle, and on being satisfied with regard to these documents
the licensing officer shall issue in respect of such vehicle a document to be
known as an international circulation permit, which shall be carried on such
vehicle in the manner prescribed in paragraphs (1) and (2) of rule 8.
94. (1) A motor vehicle in respect of which a valid international certificate Exemption from
is in force shall not be required to be registered under the Act while in use in registration and
Kenya until the expiry of one year from the date of the issue of such certificate. licensing.
(4) Upon the expiry of the period or periods referred to in paragraph (2)
the motor vehicle shall either be registered and licensed in accordance with
Parts II and III of the Act or removed from Kenya.
Distinguishing sign.
95. A motor vehicle in use in Kenya under this Part shall carry, in
addition to any identification marks prescribed by the law of the country in
which it is registered, fixed in a conspicuous manner on the back of the vehicle
the distinguishing sign of the place of registration of the vehicle as described
in Annex 4 of the International Convention on Road Traffic signed at Geneva
on the 19th September, 1949 (which Annex is for the purpose of information
reproduced in the Ninth Schedule to these Rules.
Transfer of vehicles.
96. No person using a motor vehicle in Kenya under this Part shall transfer
such vehicle to any other person unless he has first obtained the permission in
writing of the Registrar so to do.
Removal of
97. (1) Upon the expiry of any period in respect of which a vehicle is
distinguishing sign
permitted to remain in Kenya under this Part, the owner or driver of the vehicle
and plate.
shall forthwith remove the distinguishing sign referred to in rule 95.
Penalties under Part. 99. Any person who contravenes or otherwise fails to comply with the
provisions of this Part shall be guilty of an offence and liable–
(a) in the case of a first conviction, to a fine not exceeding two thousand
shillings or imprisonment for a term not exceeding six months;
Registration of Vehicles
On original registration- Ksh.
A motor vehicle with less than four wheels 565
Vehicle Licences
Dealers general licence -
(i) On new applications ………..................…….................... 18,500
(ii) Renewal of dealer’s general licence ………….............. 6,300
(iii) Duplicate of dealer’s general licence ……….................. 3,600
(iv) New motor vehicles ………….………….…….............. 9,600
(v) Used motor vehicles ………….………….……............... 4,200
(vi) Issue a pair of Kenya Garage Plates ………................... 2,900
(vii) Issue of single Kenya Garage Plates ………................... 1,600
(c) The characters on the number plates shall be in capital letters only.
(e) The use of the letter “O” and “I” shall not be used unless they
used in a complete word.
(f) Both the front and rear plates shall be embossed in blue with a
reflective white background.
(i) An alternate rear “elongated’ plate shall bear the National Flag
and the security hologram both at the left hand side and shall be
of a size 522 mm (five hundred and twenty two) and 114 (one
hundred and fourteen) millimeters (522 x 114) mm.
(j) The front registration plate shall bear the National Flag with the
security hologram at the left hand side shall be of size five hundred
and twenty two by one hundred and fourteen millimeters (522 x
114 mm)”.
Rev. 2012] Traffic CAP. 403 143
[Subsidiary]
SECOND SCHEDULE Form 1
28 29 30 31 32 33 34 35 36 37 38
8. Number of axles.................................
9. Value K£......................................... 39 40 41 42 43
10. Principal body color: (tick one box only)
white/cream yellow/gold 44
red/maroon/pink brown/beige
orange black 45
blue/turquoise grey
green purple/violet 46
11. Is it a new vehicle? (see Note 2 overleaf) Yes No
12. Has the vehicle previously been registered?Yes No
If yes, Country ..........................and
Registration mark/number................. 47
13. Use:
(a) Private carrying capacity
(b) commercial: .................kgs. 48 49 50 51 52
goods
(c) Commercial: seating ............ 53 54 55 56 57
public service
14. Expected normal location of vehicle:
………….........….Road…..............................… Area/Estate
…..................……Town …………..............….. District
15. Motor vehicle only: -
(a) Method of propulsion (see Note 3 overleaf)
Petrol Diesel Other oil
Steam Electricity 58
(b)Engine identification number
59 60 61 62 63 64 65 66 67 68 69 70 71 72
(c) Rating (cubic centimetres) ...........................................
Registration Mark and Number
(D) DECLARATION:
I declare that the foregoing particulars are true and complete. 74/3 80/9
2 1 Registration Book No.
Usual signature............................. 1 2 ............................
Name (in full) ............................... 10-35
(Block Capitals) 36-51
Postal address..................................... 52-71
Town..................................................
72 73 74 75 76 77 78 79 80
Date .............................19 ................................. TN RC PREG
144 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form 1 – (Contd.)
Notes
In the case the case of car description of body should be either Saloon,
L.V.D, Box Body, Panel Van, Station Wagon, Open Tourer of Special Type.
The term “Other Oil” includes gas oil, kerosene, tractor vaporizing oil and
paraffin. Where a vehicle is propelled by either diesel or other oil, even though
the engine may be started up with another fuel (e.g. petrol) the answer to question
(g) overleaf should be “diesel oil” or “other oil” as the case may be.
When completed, this form must be sent or taken to a licensing officer, together
with the fee payable and, if a licence is required, a current certificate of insurance
or certificate of security in respect of Third Party Risks (and the registration
certificate if the vehicle has been previously registered).
Rev. 2012] Traffic CAP. 403 145
[Subsidiary]
FORM II
Application for Road Fund Licence, Transfer of Ownership and Change of Registration
Particulars
(Sections 6 (7), 9 and 16)
4
146 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form II - (Contd.)
4. DECLARATION
I declare that the foregoing particulars are true and complete
and that the above vehicle, Registration No............ is Ins. Co.
currently insured* by .....................
4. Unless this application is completed in duplicate as indicated below, delay may occur in processing.
This form may be used for one vehicle only. This application must be taken or sent to a licensing
officer together with:—
(a) Fee payable.
(b) Registration certificate.
(c) Current Insurance Certificate (not the policy).
(d) Vehicle inspection report (commercial vehicles only).
Rev. 2012] Traffic CAP. 403 147
[Subsidiary]
Only cash, postal orders, bank orders or guaranteed cheques will be accepted for payment at Nairobi,
and should be made payable to the Registrar of Motor Vehicle P. O. Box 30440. Nairobi.
When a Dealer’s General Licence expires or is cancelled or otherwise ceases to be valid under
the provisions of the Act, the holder of the licence shall deliver to the Registrar the identification
plates which were issued to such holder with such licence, unless a renewal licence is issued for
the same plates.
When completed this form should be sent with fee and certificate of insurance to -
The Registrar of Motor Vehicles,
P. O. Box 30041,
Nairobi.
148 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form VII
Application for Driving or Provisional Licence or for Endorsement of
Existing Licence
(Section 34)
}
(A) APPLICATION
{
For Official
Use Only
Provisional
Driving
I apply for - Licence
Endorsement of Existing
to entitle me to drive-
(a) Motor omnibuses. Licence No. ...
(b) Heavy commercial vehicles.
(c) Commercial vehicles exceeding 1,800 kg. tare weight. Date...............
(d) Tractors.
(e) Motor-cars and commercial vehicles not exceeding 1,800 kg. tare
weight.
(f) Motor cycles up to and including 50 c.c.capacity.
(g) Motor cycles over 50 c.c. capacity.
(h) Invalid carriages.
(i).............................................
(to be specified)
[Strike out items not applicable] Fee
Sh. ................
(B) PARTICULARS TO BE FURNISHED BY APPLICANT
1. Surname [block capitals]
2. Other Names (also insert Mr., Mrs. or Miss as the case may be)
3. Residential Address
4. Postal Address
5. Age (If over 18 years answer “over 18”)
6.(a) Number of years you have held a driving licence ......
(b) Country of issue ......
(c) Classses of vehicles for which licence valid ......
(d) Kenya certificate of competency number
7. Has a Court at any time ordered a conviction to be endorsed on your
licence (or certificate or competency) (Answer “Yes” or “No”).
8. Are you disqualified by any Court for holding or obtaining a licence
(Answer “Yes” or “No”).
(C) DECLARATION AS TO PHYSICAL FITNESS OF APPLICANT
9. Do you certify that you are not suffering from epilepsy or from sudden
attacks of disabling giddiness or fainting (Answer “Yes” or “No”).
10. Can you read at a distance of 25 metres in good daylight (with glasses
if worn) a motor-car number plate containing six letters and numbers
(Answer “Yes” or “No”).
11. Are you without either hand or foot, or are you suffering from any
defect in movement control or muscular power, of either arm or leg.
(Answer “Yes” or “No”; if yes give particulars of the disability).,
12. Are you suffering from any other disease, mental or physical, or
disability which would be likely to cause the driving by you of a motor
vehicle to be a source of danger to the public. (Answer “Yes” or “No”, if
yes give particulars of the disability).
Rev. 2012] Traffic CAP. 403 149
[Subsidiary]
I declare that to the best of my knowledge and belief the answers given above are true; I
further declare that I have studied the Highway Code, and that I am aware that it is an offence
for a person to use a motor vehicle on public roads (subject to statutory exceptions) unless there
is in force a policy of insurance or a security against third party risks covering the use by that
person of that vehicle.
I enclose two copies of a recent photograph (size 35 mm. by 45 mm.) (head and shoulders)
(full face without hat)
Official Use Only
Authority for_____________________________
Granting Licence__________________________
150 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form VIII
Driving Licence
______________________________________________________________________
Page 1
Surname.....................................................................
Other names...............................................................
Date of birth ..............................................................
C. of C. No. ...............................................................
....................................
Signature of Licensee
Issued by the Registrar of Motor Vehicles,
Nairobi.
Photograph
35 mm. by 45 mm.
Date ………………………
……………..……………..
Signature of Authority
______________________________________________________________________
Page 2
Vehicles For Which Licence is Valid
Motor omnibuses Heavy
commercial
vehicles
.......................................
.......................................
GOVERNMENT OF KENYA
Driving Licence
Name ....................................................................
....................................................................
Address ...............................................................
..............................................................
is hereby licenced to drive the classes of vehicles authorized by official stamp on page 2
until............................................................................
Date...................................................
.......................................................
Signature of Authority
______________________________________________________________________
.................................................
Signature of Licensee
______________________________________________________________________
Page 4
Special Conditlons
(if any)
______________________________________________________________________
Page 5
______________________________________________________________________
Page 6
______________________________________________________________________
Page
Endorsements
152 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
No. ........................................
Form IX
GOVERNMENT OF KENYA
Name...........................................................
Address........................................................
.......................................................
C. of C. Number..................................................................
Fee paid Sh...........................................
.............................................
Signature of Authority
Date ....................................
___________
No. .....................................
Form X
GOVERNMENT OF KENYA
Name..........................................................................................
Address.......................................................................................
To Drive Class................................................................Vehicle
from............................... to..........................................inclusive
(1) The holder of a provisional licence, when driving any vehicle which he has not qualified
by test to drive, must carry the prescribed “L” plate at the front and back of the vehicle.
(2) He must be accompanied by a supervisor, except when undergoing the driving test or
when driving a solo motor cycle or a vehicle, other than a motor-car, not constructed
or adapted to carry more than one person. The supervisor must hold a current licence
to drive the class of vehicle being driven by the provisional licence holder.
(3) When driving a solo motor cycle, he must not carry any pillion passenger except a
licence holder qualified as in (2) above.
___________
Form XI
Application For Duplication Registration Book or Duplicate Licence
(Sections 6 (6), 21, 38, 97 (7) and 98 (6))
NOTE. — If you require a duplicate driving licence, you must submit two copies of a recent
photograph (size 35 mm. by 45 mm.) (head and shoulders) (full face without hat).
154 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XII
No.................................
Test Application Form
(Rule 13 (1))
I. ....................................................................................................................................................
(full name in block capitals)
of....................................................................................................................................................
(postal address)
_____________________________________________________________________________
Date.........................................................
Time.......................................................
Place......................................................
_____________________________________________________________________________
NOTE - Failure to attend at the date, time and place specified will necessitate a fresh application
and fee if a driving test is still required.
Rev. 2012] Traffic CAP. 403 155
[Subsidiary]
Form XIII
Driver’s Certificate of Competency
(Rule 13 (2))
To the Registrar.
Surname...............................Other Names...........................................
Address................................................................................................., w
ho held Test Application
Form No. .......................dated...................., and whose signature has been placed below in my
presence, he/she is competent to drive on roads a motor vehicle of the class herein specified.
Class of Motor Vehicle...........................................................
(in words)
(B) Declaration
______________________________________________________________________________
I declare that the foregoing particulars are true and complete.
Usual signature............................................
Date.............................................................
______________________________________________________________________________
Form XV
Public Service Vehicle Licence
original
REPUBLIC OF KENYA
STATION ..........................................................................................................................
Note.- This licence is not transferable except with the written consent of the licensing
authority
(reverse)
Surrender of Licence
This licence may be surrender at any time during its currency to a licensing officer at the
station of issue under refund obtained in respect of each complete month of the period of the currency
of the licence which is unexpired at the date of surrender. In order that a refund may date from the
beginning of any month, either-
(a) the licence must be handed in at the licensing office on or before the last day of the
preceeding month; or
(b) if the licence is sent by post, it must be posted before midnight on the last day of the
month. HANDING IN ON THE FIRST WILL NOT DO.
158 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XVA
Public Service Vehicle Licence (Matatu)
original
REPUBLIC OF KENYA
(Section 97 (1))
Cheque No. ......................
Cash ................................
station ..........................................................................................................................
Note.- This licence is not transferable except with the written consent of the licensing
authority.
(REVERSE)
SURRENDER OF LICENCE
This licence may be surrender at any time during its currency to a licensing officer at the
station of issue under refund obtained in respect of each complete month of the period of the currency
of the licence which is unexpired at the date of surrender. In order that a refund may date from the
beginning of any month, either-
(a) the licence must be handed in at the licensing office on or before the last day of the
preceeding month; or
(b) if the licence is sent by post, it must be posted before midnight on the last day of the
month. HANDING IN ON THE FIRST WILL NOT DO.
Rev. 2012] Traffic CAP. 403 159
[Subsidiary]
Form XVI
Application for Licence to Drive Public Service Vehicle
(Section 98 (3))
(A) Application
I certify that the applicant is a fit and proper person to hold a Public Service Vehicle driver’s
licence.
.......................................................................
[To be signed by a police officer of or above the
rank of Assistant Superintendent]
______________________________________________________________________
Important
Manner of Application. - Complete this form where indicated and present it to a police
officer (Assistant Superintendent or higher rank) of the district where you reside. After the officer
has completed the certificate (B), the form should be presented to a licencing officer together with
a fee of Sh. 10.
160 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XVII
Application for Licence to Act as Conductor of Public Service Vehicle
(Section 98 (3))
(A) Application
I (surname) ............................................................ For Official Use
(other names) ......................................................... Serial number of licence and badge
Nationality ............................................................. Prepared by ......................
Identity Certificate No. .......................................... Checked by ......................
Postal address.........................................................
Date Stamp
................................................................................
Residing ........................................................Road
.........................................................Town/District,
hereby apply for a licence to act as the conductor of a
public service vehicle.
______________________________________________________________________
(B) Police Certificate
______________________________________________________________________
I certify that the applicant is a fit and proper person to hold a Public Service Vehicle
Conductor’s licence.
.......................................................................
[To be signed by a police officer of or above
the rank of Assistant Superintendent]
______________________________________________________________________
Important
Manner of Application.- Complete this form where indicated and present it to a police
officer (Assitant Superintendent or higher rank) of the district where you reside. After the officer
has completed the certificate (B), the form should be presented to a licencing officer together with
a fee of Sh. 10.
Rev. 2012] Traffic CAP. 403 161
[Subsidiary]
Form XVIII
Form XIX
Notice to Attend Court
(Section 116 (1))
To ......................................................................................................................
of .......................................................................................................................
contrary to ........................................................................................................
such offence having been commited at ...........................................a.m./p.m. on
[date] ......................................................at ......................................................
Signed...............................................
NOTE. - If you so desire, you may appear by advocate or enter a written plea of guilty. If you desire
to enter a written plea of guilty, you must do so on this Notice, and return it to the officer
in charge of the police station named on the reverse side of this form without delay, by
registered post or personally.
..............................................., being the person named overleaf, hereby enter a plea of guilty to the
charge specified overleaf.
Signed.............................................
______________________________________________________________________
Rev. 2012] Traffic CAP. 403 163
[Subsidiary]
Form XX
Maximum Speed Mark
(Section 42 (2))
NOTES:—
1. The diameter of the circle shall not be less than 200 millimetres; each figure
of the number shall be 90 millimetres in height and 65 millimetres in total
width, and the width of every part of each figure shall be 15 millimetres.
3. The number to be exhibited shall conform to the maximum speed limit of the
vehicle concerned, as specified in the traffic (Speed Limits) Rules.
__________
164 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XXI
Application For Vehicle Inspection
(Section 17 (3))
No. .......................
I ....................................................................................................................
[Full name in block capitals]
of ...........................................................................................................................
(Postal address)
Date .....................................
________________________________________________________________
________________________________________________________________
Important
2. The vehicle should be brought for inspection unladen and in a clean condition,
and must be accompanied by all parts which are necessary to or ordinarily used
with the vehicle when used on the road (i.e. spare wheel and tyre, too and other
equipment belonging thereto).
3. Failure to appear at the time and place stated may result in forfeiture of fee.
Rev. 2012] Traffic CAP. 403 165
[Subsidiary]
Form XXII
Vehicle Inspection Report
(Section 17 (3))
(Required prior to licensing)
...........................................
Identification mark
Size of tyres:-
Front ....................................... Rear ..................................................
*(a) it complies with the provisions of the Traffic Act and of the Rules made
thereunder;
*(b) It does not comply with the provisions of the Traffic Act and of the Rules made
thereunder because of the following minor remediable defects—
166 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(i)..............................................................................................
(ii)..............................................................................................
(If this vehicle is produced before me with all the above defects remedied on
or before ......................, and if no more defects have arisen, I will endorse
this report to state that the vehicle complies with the provisions of the Traffic
Act and of the Rules made thereunder); or
*(c) it does not comply with the provisions of the Traffic Act and of the Rules made
thereunder because of the following defects, which in my opinion render the
vehicle unsafe to use on a road—
(i)..............................................................................................
(ii)..............................................................................................
..............................................
Vehicle Inspector
...................................................
Owner or representative
I have again inspected the above vehicle and find that it now complies with the provisions
of the Traffic Act and of the Rules made thereunder.
..........................................
Vehicle Inspector
Form XXIIA
Vehicle Inspection Certificate
(Section 17 (A))
Form XXIII
CERTIFICATE OF FITNESS
(Section 92 (2) (g))
C of F No. ...........................
............................................
Identification Mark
(For omnibuses not previously licensed or, if previously licensed, the construction of which
has been altered or modified.)
Size of tyres:-
I hereby certify that I have examined the above vehicle, and find that it complies with the
provisions of the Traffic Act of the Rules made thereunder, and is fit to be licensed as a public
service vehicle for use as an omnibus.
..............................................
Certifying Officer
Place ..........................................
......................................................
Owner or representative
Rev. 2012] Traffic CAP. 403 169
[Subsidiary]
Form XXIV
Important - This form must be completed in BLOCK CAPITALS and sent to a licensing
officer together with:-
(a) Fee payable.
(b) Foreign vehicle registration certificate.
(c) Current certificate of insurance or cover note.
___________
1. Registration Number
2. Is it private or commercial ........................................................................
3. Make and type of body. .............................................................................
4. Colour .......................................................................................................
5. Year of manufacture ..................................................................................
6. Chassis/Frame No. ....................................................................................
7. Engine No. ................................................................................................
8. Cubic capacity ..........................................................................................
9. Tare weight ...............................................................................................
10. Registration certificate No. .......................................................................
I/We declare that the foregoing particulars are true and complete to the best of my/our
knowledge.
Form XXV
(Rule 7A (3))
Free
__________
Form XXVI
(Rule 7A (5))
Red Black
White background
172 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XXVIII (r.6A)
L.N. 47/2011.
REPUBLIC OF KENYA
DEREGISTRATION CERTIFICATE
The Traffic Act Cap 403
This is to certify that the motor vehicle whose particulars are given below
has been officially De-registered.
Remarks:
The motor vehicle is being exported to Both the Number plates and
Registration certificate number have been surrendered to Kenya Revenue
Authority. De-registration fees of Kills has been paid vide receipt number
This certificate expires at the end of 3 Months from the date of issue.
Name ..........................................................
ID No. ........................................................
Licence No. (for driver) ..............................
PHOTO Designation ................................................
OF
Employer ....................................................
HOLDER
Date of Issue ...............................................
Signature of Holder .....................................
...................................................................
Authorizing Officer
Serial Number
174 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
FOURTH SCHEDULE
7. Tractors. Nil.
SEVENTH SCHEDULE
(r. 39 (2))
EIGHTH SCHEDULE
(Deleted by L.N. 310/1974).
Rev. 2012] Traffic CAP. 403 177
[Subsidiary]
3. The distinctive letters for the different States and territories are as
follows:-
(These are not set out here and for information on the letters assigned
to individual countries (e.g. Kenya-EAK) reference should be made to the
Convention.)
Any State which has not already done so shall on signature or ratification
of, or accession to, this Convention, notify the Secretary-General of the
distinctive letters elected by that State.
TENTH SCHEDULE
Part I
Specifications for Reflective Materials
(Rule 2)
(b) when the surface of the sheeting is entirely wet with water it
shall retain not less than ninety per centum of the basic minimum
reflective brightness applicable;
Part III
Warning Signs for Motor Vehicles
(Rule 25 (1) (c) and (d))
(2) The perpendicular width of each full white strip shall be 75 millimetres
and of each full red strip 100 millimetres, with an allowable variation in each
case of + 2 millimetres.
Part IV
Notes
1. Not to scale.
2. Triangle is equilateral.
3. All dimensions give the minimum requirements.
a = 440 mm
b = 45 mm
c = 24 mm
d = 32 mm
e = 125-150 mm
f = 10 mm
g = 10 mm
ELEVENTH SCHEDULE
Authorised Mark
(Rule 7(2)(c))
Black
White
background OOOOOOOOO Numbers In
OOOOOOOOO black
TWELFTH SCHEDULE (r. 41)
1. In this Schedule-
Provided that in the case of any axle or axle group (excluding a single
steering axle) where one or more of the axles is fitted with only two wheels, the
appropriate maximum allowable load figure given in this subparagraph shall
be reduced by twenty-five per cent.
(3) The maximum total weight of a vehicle fitted with solid tyres, lawfully
on a road under these Rules, shall be seventy-five per cent of the maximum
weight specified for a similar type of vehicle with pneumatic tyres under
subparagraph (1) or (2).
Rev. 2012] Traffic CAP. 403 183
[Subsidiary]
(4) Not more than seventy-five per cent of the laden weight of any motor
vehicle (other than a motor cycle) shall toe transmitted to the road by any two
wheels of the vehicle.
(5) For the purposes of this paragraph, each person apparently over the
age of sixteen years, and every two persons of or under that age, shall be deemed
to weigh 65 kg. when carried on a vehicle.
(7) No vehicle with a rigid chassis shall have more than three axles except
for a vehicle with two steering axles and two rear axles.
(9) The maximum number of axles in any axle group fitted on any trailer
shall not exceed –
(a) the maximum overall width of a motor vehicle together with any
load projecting beyond the overall width of the vehicle, shall not
exceed 2.65 metres;
4. The overhang of a vehicle shall not exceed 60 per cent of the wheel
base of the vehicle.
(a) which projects beyond the maximum overall length of the vehicle
by more than 1.8 metres;
(b) which projects to the rear beyond the maximum overall length of
the vehicle by more than 60 cm., but a load may project not more
than 1.8 metres where the rear extremity of the load is plainly
indicated by a conspicuous red marker during the day and by a
red light at night.
6. No motor vehicle shall tow more than one trailer or other towed vehicle
on a road; but a semi-trailer directly superimposed on the drawing vehicle shall
not be counted as a trailer for the purposes of this paragraph.
Diagram 10: Vehicle & Drawbar Trailer-5 Axles [Paragraph 2 (2) (h)]
190 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Diagram 12: Vehicle & Drawbar Trailer-6 Axles [Paragraph 2 (2) (j)]
Rev. 2012] Traffic CAP. 403 191
[Subsidiary]
THIRTEENTH SCHEDULE
(ix)
[Subsidiary]
_____________________________________________________________________________________________
Product ............................. (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)
_____________________________________________________________________________________________
Regular Petrol.................... 11 18 14 12 17 35 28 24 19
_____________________________________________________________________________________________
Super Petrol....................... 11 18 14 12 17 35 28 24 19
_____________________________________________________________________________________________
Kerosene........................... 11 17 14 12 16 34 27 23 18
_____________________________________________________________________________________________
Aviation.......................... 11 17 14 12 16 34 27 23 18
_____________________________________________________________________________________________
Traffic
Poper Alcohol................ 11 17 14 12 16 34 27 23 18
_____________________________________________________________________________________________
Diesel............................... 10 16 13 11 15 31 25 22 17
_____________________________________________________________________________________________
Industrial Diesel................. 9 15 12 10 14 30 24 21 16
Thirteenth Schedule - (Contd.)
_____________________________________________________________________________________________
150mm. ........................... 50mm. 50mm. 50mm. 50mm. 50mm. 50mm. 50mm. 50mm. 50mm.
==================================================================================
[Rev. 2012
Rev. 2012] Traffic CAP. 403 195
[Subsidiary]
THE TRAFFIC (VEHICLE LICENCES) (DURATION, FEES AND
REFUND) RULES
1. These Rules may be cited as the Traffic (Driving Schools) Rules. Citation and
commencement.
“the Minister” means the Minister for the time being responsible for
matters relating to the Kenya Police Force;
“school licence” means a licence issued under Part III authorizing the
holder thereof to set up or maintain an establishment for the purpose of teaching,
for gain or reward, all respects for use in the teaching of the practice of driving;
Provided that nothing in this paragraph shall apply to any person solely
by reason of any article contributed by him to a newspaper or other periodical
publication or of any advertisement made by or on behalf of the proprietor of
the driving school.
(2) Any person who contravenes the provisions of paragraph (1) shall
be guilty of an offence and liable–
(a) in the case of a first conviction for such offence, to a fine not
exceeding two thousand shillings or to imprisonment for a term
not exceeding six months or to both;
(b) in the case of a second or subsequent conviction for such offence,
to a fine not exceeding five thousand shillings or to imprisonment
for a term not exceeding twelve months or to both.
(3) A person convicted of an offence under this rule shall not be eligible
to hold any licence under these Rules for a period of five years after the date
of such conviction.
Rev. 2012] Traffic CAP. 403 197
[Subsidiary]
4. (1) Any person wishing to obtain an instructor’s licence shall make Application for
application in that behalf to the Commissioner in Form 2 and such application instructor’s licence.
shall be submitted in duplicate accompanied by a medical certificate and a
certificate of competency, both dated not earlier than three months prior to the
date of the application.
and the Commissioner shall endorse the application accordingly and return one
copy thereof to the applicant.
the Registrar shall issue to the applicant an instructor’s licence in Form 3, and
the Registrar shall ensure that any special conditions attached to the approval
of the Commissioner are duly endorsed upon the licence.
(3) Before exercising any of the powers conferred by paragraph (2), the
Commissioner shall give reasonable and full opportunity to the licence holder
to make representations concerning the proposed exercise and shall then hear
and consider any such representations.
Validity and renewal 8. (1) Subject to these Rules, an instructor’s licence shall be valid for a
of instructor’s period of two years from the date of issue or renewal thereof, as the case may be.
licence.
(2) An instructor’s licence shall be renewed by the Registrar upon
application duly made in Form 4, accompanied by a medical certificate and a
certificate of competency both dated not earlier than three months prior to the
date of the application, and upon payment of the appropriate fee.
Miscellaneous 9. (1) A driving instructor shall carry with him his instructor’s licence
provisions relating to at all times when he is engaged in giving instruction to a pupil, and shall, upon
driving instructors. request made to him whilst so engaged by an inspector or a police officer,
produce his licence for examination.
10. (1) No person shall set up or maintain any establishment, or use Control of driving
any premises, for teaching, for gain or reward, the theory and practice of the schools.
driving of motor vehicles by the use of vehicles which belong to, or are hired
by or on behalf of, such person or establishment, unless he is the holder of a
school licence.
(3) A person convicted of an offence under this rule shall not be eligible
to hold any licence under these Rules for a period of five years after the date
of such conviction.
11. (1) Any person wishing to obtain a school licence shall make Application for
application in that behalf to the Commissioner in Form 5, and such application school licence.
shall be submitted in duplicate accompanied by –
(a) a vehicle inspection report, dated not earlier than one month prior
to the date of the application, of every motor vehicle which it is
proposed shall be used for the instruction of pupils in the practice
of driving; and
and the Commissioner shall endorse the application accordingly and return one
copy thereof to the applicant together with the documents which accompanied
the application.
(3) A school licence shall only authorize the use as a driving school of
the premises named therein, and no other premises shall be considered to be
so authorized by such licence.
Revocation or 14. (1) The Commissioner may revoke a school licence, or may vary any
variation of school of the terms or conditions thereof, if he is satisfied that -
licence.
(a) any motor vehicle being used for any of the purposes of the licence
is not suitable for that purpose; or
Validity and renewal 15. (1) Subject to these Rules, a school licence shall be valid for a period
of school licence. of twelve months from the date of issue or renewal thereof, as the case may be.
(2) No vehicle shall be used unless it is, at the time of use, entered on
the school licence:
Provided that the Commissioner may give written authority for a vehicle
which is not so entered to be used during such period as may be necessary to
enable the licence to be suitably amended.
(3) No vehicle shall be used during any period when it is not in good
mechanical condition or when it is not completely roadworthy in all respects.
(6) No motor car shall be used unless it is equipped with safety belts
for both front seats.
(a) in the case of a first conviction for such offence, to a fine not
exceeding one thousand shillings;
(b) in the case of a second or subsequent conviction for such offence,
to a fine not exceeding two thousand shillings or to imprisonment
for a term not exceeding six months or to both.
202 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(9) In this rule “used” means used by a driving school for the purpose
of giving instruction to a pupil in the practice of driving a motor vehicle, and
for the purposes of this rule a motor vehicle shall be deemed to be being so
used at any time when a pupil of the driving school is present in the driver’s
seat of the vehicle.
Only driving 17. A proprietor shall not cause or permit any instruction to be given
instructors to give to a pupil by any person who is not the holder of a valid instructor’s licence
instruction at driving authorizing him to give instruction on the class of vehicle concerned, and any
school. proprietor who contravenes the provisions of this rule shall be guilty of an
offence and liable –
(a) in the case of a first conviction for such offence, to a fine not
exceeding one thousand shillings;
(b) in the case of a second or subsequent conviction for such offence,
to a fine not exceeding two thousand shillings or to imprisonment
for a term not exceeding six months or to both.
Passengers. 18. (1) At any time when a pupil is being instructed in the practice of
driving a motor vehicle–
(a) not more than one passenger may, if the pupil so desires, be carried
in a motor car;
(b) no passengers may be carried in a motor vehicle of any other class.
(2) In this rule, “passenger” means any person other than the driving
instructor and the pupil actually under instruction at the wheel of the vehicle,
but does not include an inspector travelling in the vehicle in the course of his
duties as such.
(3) In the case of any contravention of this rule, the proprietor of the
driving school concerned shall be guilty of an offence and liable to a fine not
exceeding one thousand shillings.
Records of 20. (1) Every proprietor, and every driving instructor who is not employed
instruction. by a driving school and who is not himself a proprietor, shall keep a record in
Rev. 2012] Traffic CAP. 403 203
[Subsidiary]
Form 8 of all instruction given to pupils.
(2) Every entry in a record kept under this rule shall be made in ink
immediately after the conclusion of each period of instruction given to a pupil
to which such entry relates.
(3) No record kept under this rule shall be destroyed by any person except
with the written authorization of an inspector.
(4) Any person who contravenes or fails to comply with any of the
provisions of this rule shall be guilty of an offence and liable to a fine not
exceeding five hundred shillings.
Part V - General
21. (1) The holder of any licence under these Rules who wishes to
obtain any variation of any of the terms or conditions of such licence shall Variation of licence.
make application in that behalf to the Commissioner in Form 9 which shall be
submitted in duplicate.
(2) The Commissioner may require an applicant under this rule to furnish,
within such reasonable time as the Commissioner may specify, such information
in addition to, or in amplification of, the matters contained in the application
as the Commissioner may think necessary for the proper consideration of the
application, and where an applicant fails to furnish such information, within
such time, the Commissioner may refuse to approve the application.
he shall, if so requested by the applicant or licence holder, as the case may be,
state in writing the reasons for his decision.
(2) Reasons shall be given under this rule by the Commissioner within
thirty days of the receipt by him of the request to furnish such reasons.
204 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
23. (1) Any applicant or licence holder who is aggrieved by any such
decision of the Commissioner in his case as is mentioned in paragraph (1) of
Appeals.
rule 22 may, within thirty days after the receipt by him of notification of such
decision, appeal against that decision to the Minister:
Provided that where the Commissioner has not complied with a request
to furnish reasons for his decision within the period of fourteen days mentioned
in paragraph (2) of that rule, the appeal concerned may be made within twenty-
one days after the receipt of such reasons by the appellant.
the Minister shall not allow such appeal on any ground other than that the
particular provision invoked by the Commissioner did not in fact apply to the
appellant at the time of the decision concerned.
(3) Every notice of appeal under this rule shall be accompanied by the
appropriate fee which shall in no case be refundable.
(4) The decision of the Minister in any appeal under this rule shall be final.
24. Where approval of any application for a licence, or for any variation
Restriction on of the terms or conditions of a licence, has been refused by the Commissioner, or
re-application. where any appeal against any such refusal has been dismissed by the Minister,
no similar application by the applicant concerned shall be considered within six
months after the date of such refusal or dismissal as the case may be.
25. Every licence issued under these Rules shall be personal to the
Licences personal to person named therein and shall not be transferable to any other person, and
holders. any person who-
(a) makes use, or attempts to make use, of any such licence when he
is not the person named therein; or
(b) being the holder of any such licence, permits any other person to
make use, or attempt to make use, of such licence,
shall be guilty of an offence and liable to a fine not exceeding two thousand
shillings or to imprisonment for a term not exceeding six months or to both.
shall be guilty of an offence and liable to a fine not exceeding two thousand
shillings or to imprisonment for a term not exceeding six months or to both.
27. (1) The Minister may, from among persons in the public service, Inspectors of Driving
appoint a Chief Inspector of Driving Schools and so many Inspectors of Schools.
Driving Schools as he may consider necessary for the proper administration
of these Rules.
(2) An inspector –
(a) may enter the premises of any driving school during the normal
hours of business of such school, or at any other time when he
has reason to believe that instruction to pupils is being given on
or from such premises, for the purpose of examining any of the
books, records, vehicles or other equipment used by, or pertaining
to, the school or in order to ascertain the standard of instruction
given by the school;
(b) shall have, in respect of any motor vehicle which is entered on
a school licence, or which is for the time being used by a driving
school for the purposes of the school, all the powers conferred by
the Act upon a police officer and upon an inspector of vehicles;
(c) may accompany any driving instructor who is engaged in giving
instruction to a pupil on behalf of a driving school for the purposes
of examining and reporting upon the standard of instruction given
by such instructor.
29. Where the Registrar is satisfied that any licence issued under these Duplicate licences.
Rules has been lost or destroyed, or has become defaced or mutilated, he may,
upon payment of the appropriate fee, issue a duplicate thereof which shall be
valid for the remaining period of validity of the licence of which it is a duplicate.
30. The several fees set forth in the First Schedule shall be payable in Fees.
respect of the matters specified in that Schedule.
206 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Results of Examination
(f) Are there any medical signs of intemperate habits or drug addition?
.......................................................................
(g) General health (state whether reactions normal, and whether free of
any disease, temporary or otherwise, which might produce faintness
or undue fatigue) –
…………………………………………….....……….
......................................................................................
Declaration by Applicant
I declare that I am not subject to epilepsy and do not suffer from fits; and
that my physique, vision, hearing and bodily and mental fitness are such as to
warrant the issue to me of a driving instructor’s licence.
________________
208 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form 2
Application for Instructor’s Licence
________________
Rev. 2012] Traffic CAP. 403 209
[Subsidiary]
Form 3
Instructor’s Licence
Date of issue …....................………
Photograph
of Holder ……………...........................……..
Registrar of Motor Vehicles
…………………...................……
Signature of Holder
________________
Form 4
Application for Renewal of Instructor’s Licence
I certify that at the date of this application I possess a valid driving licence
authorizing me to drive motor vehicles of class(es) …………… and that I have
not become ineligible under any of the Traffic (Driving Schools) Rules to hold
an instructor’s licence.
________________
210 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form 5
Application for School Licence
I hereby apply for a driving school licence under the Traffic (Driving
Schools) Rules, and I certify that the following particulars are true -
I certify that I have attained the age of twenty-five years and, at the date of
this application, I am not ineligible by reason of any of the said Rules
to hold a school licence.
I enclose herewith current comprehensive insurance policy/ policies* covering
the said vehicles as driving school vehicles and vehicle inspection reports
in respect of such vehicles.
________________
Rev. 2012] Traffic CAP. 403 211
[Subsidiary]
Form 6
School Licence
________________
Form 7
I certify that, at the date of this application, I have not become ineligible
under any of the Traffic (Driving Schools) Rules to hold a school licence.
________________
212 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form 8
Period of Instruction
Date Name of Pupil Type of Instruction
From To
Form 9
THIRD SCHEDULE
Scheduled Offences
Reckless driving 47
214 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
“bridge owner” means Nyali Limited or the owner for the time being
of the bridge;
“hand cart” means a two- or three-wheeled cart for the carriage of goods,
propelled by human energy;
3. Any person who drives any vehicle over the bridge except by the central
or main thoroughfare of the bridge shall be guilty of an offence.
4. Any person who rides a bicycle over the bridge except by that part of
the bridge reserved for the use of bicycles and erected on the western side of
the bridge shall be guilty of an offence.
5. Any pedestrian who crosses the bridge except by that part of the bridge
reserved for the use of pedestrians and erected on the eastern side of the bridge
shall be guilty of an offence.
(2) Any person who contravenes this rule shall be guilty of an offence.
8A. Any person who wishes to utilize the bridge or who has utilized the
bridge and who -
(a) refuses to stop and to pay the prescribed charges; or
(b) fraudulently or forcibly passes the toll collector without paying
the prescribed charges; or
(c) wilfully obstructs the toll collector or other person employed by
the bridge owner in connexion with the use of the bridge;
8B. (1) The maximum weight of any vehicle laden or unladen driven
across the bridge shall not exceed 12,000 kg. gross, and shall not exceed -
(a) on its front axle - 5,000 kg.; and
(b) on its rear axle - 7,000 kg.
(2) Any person who, without the consent of the bridge owner, drives or
causes or permits to be driven on to or across the bridge any vehicle laden or
unladen of a weight in excess of the maximum prescribed by paragraph (1) shall
be guilty of an offence and liable to a fine not exceeding two thousand shillings.
(3) Any person who, while driving or using any vehicle laden or unladen
the weight of which the bridge owner or any person employed by the bridge
owner in connexion with the use of the bridge has reasonable cause to believe
is or may be in excess of the maximum weight prescribed by paragraph (1),
refuses or neglects within a reasonable time to obey any request by the bridge
owner or by any person so employed -
(a) to stop such vehicle; or
(b) to submit such vehicle for inspection or weighing by the bridge
owner or by a vehicle inspector appointed under the Act; or
(c) to refrain from driving or causing or permitting such vehicle to be
driven on to or across the bridge;
shall be guilty of an offence and liable to a fine not exceeding one
thousand shillings.
9. Any person who is guilty of an offence under these Rules for which
216 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
no other penalty is provided shall be liable to a fine not exceeding five hundred
shillings.
10. These Rules are in addition to and not in derogation of any other
written law for the time being in force relating to traffic on the roads.
L.N. 310/1974. 1. These Rules may be cited as the Traffic Signs Rules.
3. For the purposes of these Rules traffic signs shall be classified as Classification of
follows- traffic signs.
Class A – Regulatory Signs;
Class B – Warning Signs;
Class C – Traffic Light Signals;
Class D – Carriageway Markings and Kerb Markings.
Types and meaning 7. Any of the following abbreviations may be displayed on a traffic sign
of abbreviations. of Class A or Class B in conjunction with a numeral, and each such abbreviation
shall have the meaning hereinafter respectively assigned to it -
Abbreviation Meaning
kg.........................kilograms.
km........................kilometers.
kph.......................kilometers per hour.
m..........................metres.
min.......................minutes.
T .........................metric tons (i.e. megagrams).
Class A. Regulatory 8. Subject to these Rules, the traffic signs of Class A and their
signs. significance shall be as set out under Class A in the Schedule.
Class B. Warning 9. Subject to these Rules, the traffic signs of Class B and their
signs. significance shall be as set out under Class B in the Schedule.
10. A traffic light signal unit may be used for controlling the movement
Class C. Traffic light
of vehicles subject to the following provisions –
signals.
(a) three lights shall be used each with a lens facing the stream of
traffic which the signal is intended to control, one red, one amber
and one green;
(b) the lenses showing the colours aforesaid shall be arranged vertically,
the red lens uppermost and the green lens lower-most;
(c) each lens shall be separately illuminated, and the effective diameter
thereof shall be not less than 200 millimetres nor more than 300
millimetres;
(d) the height of the centre of the green lens from the carriage-way
shall be not less than 2.25 metres except that-
(i) where desirable owing to the gradient of any road this height
may be increased to not more than 3.0 metres; and
(ii) in the case of a suspended traffic light signal unit such height
shall be not less than 5.0 metres when measured perpendicularly
from the ground;
(e) the centres of the lenses shall be not more than 400 millimetres
apart;
(f) the unit casing shall be painted black or grey and any post used to
Rev. 2012] Traffic CAP. 403 219
[Subsidiary]
support the same shall be painted grey;
(g) the word “STOP” in black lettering may be placed upon the red
lens and subject to the provisions of rule 12 no other lettering or
symbol shall be used upon that or any other len or in connexion
with such unit;
(h) the sequence of the lights shown for the purpose of controlling the
movement of vehicles shall be-
(i) red;
(ii) red and amber;
(iii) green;
(iv) amber.
11. The significance of the lights specified in rule 10 when illuminated Significance of traffic
shall be as follows- lights for vehicles.
(a) the red light imposes a mandatory requirement that every vehicle
travelling in that portion of the road or in the traffic lane to which
the light applies shall stop before crossing the continuous white
transverse line placed on the carriage-way and shall prohibit such
crossing until-
(i) the green light is illuminated; and
(ii) such crossing can be accomplished without endangering or
inconveniencing any other vehicle;
(b) the amber and red lights shown together shall be taken to denote
an impending change in the indication given by the traffic light
signals from a red to a green light, but shall not in any way affect
the mandatory requirement imposed by the red light;
(c) the green light indicates that all vehicles may cross the said
continuous white transverse line with due regard to the safety of
other road users and subject to the directions of any police officer
in uniform or other authorized person who may be engaged in the
regulation of traffic;
(d) the amber light shown alone imposes a mandatory requirement that
every vehicle traveling in the carriageway or traffic lane to which
that light applies shall stop before crossing the said continuous white
transverse line, except in the case of any vehicle which, when that
light is first illuminated, is so close to that line that it cannot safely
be stopped before crossing that line;
(e) notwithstanding the foregoing provisions of this rule-
(i) where a green arrow is shown in conjunction with a traffic light
signal, a vehicle may proceed in the direction indicated by such
arrow with due regard to the safety of other road users during
such time as such arrow remains illuminated notwithstanding
that it would otherwise be required by such signal to stop;
(ii) where necessary a highway authority may apply any additional
restriction of direction by indications on or near a traffic light
signal.
12. (1) A pedestrian traffic light signal unit may be used for controlling Traffic lights and
the movement of pedestrians, and in such case the unit shall incorporate either- their significance for
pedestrians.
(a) a light facing across the carriageway with a lens which, when
220 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
illuminated, shows either the words “CROSS” or “CROSS NOW”
in white or green letters, or the figure of a walking pedestrian in
green, against a black background; or
(b) two lights arranged vertically, each with a lens the centres of
which are not more than 400 millimetres apart facing across the
carriageway, the uppermost lens of which, when illuminated,
shows the word “WAIT” in red letters or the figure of a stationary
pedestrian in red, against a black background and the lowermost
lens of which, when illuminated, shows the words “CROSS” or
“CROSS NOW” in white or green letters or the figure of a walking
pedestrian in green, against a black background.
(2) Each lens of a traffic light signal unit under this rule shall be
separately illuminated, and the effective diameter thereof shall be not less than
200 millimetres nor more than 300 millimetres.
(3) The significance of the lights specified in this rule when illuminated
shall be as follows-
(a) a white or green light indicates that pedestrians may commence and
continue to cross the carriageway controlled by that light, within
the area delineated by a carriageway marking consisting of two
continuous white transverse lines, with due regard to the safety of
other road users;
(b) a red light imposes a mandatory requirement that-
(i) pedestrians on such crossing place shall as soon as reasonably
practicable give way to any traffic on the carriageway;
(ii) no pedestrian shall attempt or commence to cross the carriage-
way until the red light is extinguished.
(4) Any pedestrian who fails to comply with the mandatory requirement
imposed by the red light under subparagraph (b) of paragraph (3) shall be guilty
of an offence and liable to a fine not exceeding five hundred shillings.
Temporary traffic 13. A traffic light signal unit may be used for the purpose of temporarily
signs. controlling the movement of vehicles on a road where road works are in progress,
or where for some other reason the width of the carriageway is temporarily
restricted in which case the provisions of rules 11 and 12 shall apply thereto
save that-
15. (1) Carriageway markings relating to the regulation of opposing Colour and width of
traffic flows and kerb markings to control the parking or stopping of vehicles road markings.
shall be coloured yellow, and all other carriageway or kerb markings shall be
coloured white.
(2) All lines forming part of a carriageway marking shall be at least 100
millimetres wide:
Provided that no carriageway marking shall be deemed to be unlawful
merely because any such line is less than 100 millimetres wide if the line is
clearly visible.
16. (1) A carriageway marking consisting of one or two continuous Yellow longitudinal
yellow longitudinal lines shall impose a mandatory requirement that every lines.
vehicle being driven along the length of road to which the marking applies shall
be so driven as to keep the marking on the right-hand or off-side of the vehicle.
Kerb markings. 19. A kerb marking consisting of a continuous yellow line, whether
accompanied by another traffic sign or not, shall prohibit the stopping of any
vehicle, other than a bicycle, on the length of road adjacent thereto between
the two ends of the marking, otherwise than for as long as may be necessary-
Hatched areas. 20. A carriageway marking comprising an area hatched with white or
yellow diagonal lines bounded by continuous lines of the same colour shall
prohibit the crossing or straddling of such continuous lines by every vehicle
unless the size or construction of a vehicle renders it necessary for such area
to be encroached upon and the encroachment is no more than is reasonable in
all the circumstances.
Pedestrian crossings 21. (1) A carriageway marking consisting of a series of white longitudinal
strips extending transversely across the width of the carriageway accompanied
by the traffic sign numbered 130 of Class A in the Schedule shall indicate a
crossing place for pedestrians and shall impose a mandatory requirement that
every vehicle approaching such crossing place shall give way to any pedestrian
crossing the area of carriageway indicated by the strips.
(4) Any pedestrian who fails to comply with any of the provisions of
sub-rule (3) shall be guilty of an offence and liable to a fine not exceeding five
hundred shillings.
22. A carriageway marking consisting of two or more continuous white Restricted parking
transverse lines accompanied by any traffic sign of Class A indicating that limits.
parking or waiting is prohibited or restricted to vehicles of a specified type
shall prohibit or restrict the waiting, within the area bounded by the outermost
lines, of any vehicle other than one of the specified type.
23. (1) The mandatory requirement of a traffic sign of Class D shall Exemptions
not apply-
(a) to a vehicle being used for fire brigade, ambulance or police
purposes so long as the disregard of such traffic sign is essential
in all the circumstances of the case and does not endanger any
other vehicle;
(b) to anything done by a vehicle through circumstances beyond the
control of the driver, or to avoid an accident;
(c) to anything done in order to pass a stationary vehicle or other
obstruction so long as the disregard of such traffic sign is essential
for that purpose and such passing may be accomplished without
endangering or inconveniencing any other vehicle;
(d) to anything done with the permission of, or to comply with any
direction given by, a police officer in uniform or other authorized
person who may be engaged in the regulation of traffic.
24. (1) Subject to the provisions of paragraph (2) the driver of any vehicle Offences and
who fails to comply with any prohibition or other mandatory requirement of a penalties.
traffic sign of Class A or Class C or a carriageway marking shall be guilty of
an offence and liable-
(a) in the case of a first conviction for such offence, to a fine not
exceeding two thousand shillings or imprisonment for a term not
exceeding six months or to both.
(b) in the case of a second or subsequent conviction for such offence,
to a fine not exceeding five thousand shillings or imprisonment for
a term not exceeding one year or to both.
(2) The driver of any vehicle who fails to comply with any prohibition
or other mandatory requirement of a kerb marking, or a carriageway marking
under rule 22 and the accompanying traffic sign, or a traffic sign relating to
the parking or waiting of any vehicle, shall be guilty of an offence and liable-
224 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(a) in the case of a first conviction for such offence, to a fine not
exceeding one thousand shillings;
(b) in the case of a second or subsequent conviction for such offence,
to a fine not exceeding two thousand shillings or imprisonment for
a term not exceeding six months or to both.
Penalty for damaging
traffic signs. 25. Any person who wilfully damages, defaces or displaces a traffic sign
shall be guilty of an offence and liable to a fine not exceeding one thousand
shillings.
Saving. 26. (1) Nothing in these Rules shall affect the validity or significance
Cap. 403, Sub. Leg. of any traffic sign specified in the Eighth Schedule to the Traffic Rules
(now revoked) which was in existence at or immediately before the date of
commencement of these Rules so long as such sign conforms to the requirements
of the said Schedule.
Traffic Signs
Dimensions
(a) a triangle, shall be equilateral with outer sides of not less than 700
millimetres measured between each actual or theoretical corner;
(d) a rectangle, shall be of sides of not less than 100 millimetres and
300 millimetres respectively.
Colour
Every part of a traffic sign of Class A and Class B shall correspond with
the colour signified by the shading illustrated in the following colour code and
shown on the diagram of that sign, except that in the absence of shading the
corresponding part of each traffic sign shall be white and, unless otherwise
Rev. 2012] Traffic CAP. 403 225
[Subsidiary]
indicated, every symbol and all lettering and numbering thereon shall be black:
RED
BLUE
YELLOW
WHITE
GREEN
BLACK
GREY
226 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Class A−Regulatory Signs
M5. Requires all vehicles to pass to the left (or, if the direction
of the arrow so indicates, to the right) of the sign.
RAILWAY CROSSINGS:
W35. Multiple track crossing. - All vehicles must give way to any
train on or near the crossing.
Red flashing lights may be used in conjunction with traffic
sign W34 or W35. When the red lights are flashing all vehicles
must stop before reaching the railway crossing and shall not
cross or attempt to cross the railway track until the red lights
have ceased to flash. If a road barrier is in position every vehicle
must stop before reaching the barrier and shall not proceed until
the barrier has been raised.
232 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
“speed camera” means a special gadget that calculates the time taken
by a vehicle to travel over a set distance to work out the speed.”
2. The speeds set forth in the second column of the Schedule shall,
for the purposes of subsection (1) of section 42 of the Act, be the maximum
speeds for the respective classes of vehicles set forth in the first column of
the Schedule.
3. All the classes of vehicles, other than class 1 (a), set forth in the first
column of the Schedule shall be classes to which subsection (2) of section
42 of this Act (which requires the appropriate maximum speed to be marked
on a vehicle) applies.
3A. (1) A police officer in uniform may use a speed camera for
purposes of determining, recording or storing the digital image of the speed
of any motor vehicle.
(2) Subject to section 42 of the Act, the speed camera records shall
be admissible when produced in court in respect to a traffic offence under
these Rules.
238 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
SCHEDULE
Maximum speed in
Class of vehicle kilometres per hour
1. (a) (i) Motor cycles and motor cars, including motor 110
cars normally used for hire but excluding all other public
service vehicles, when travelling on dual carriageway
highways
(ii) Motor cycles and motor cars including all cars normally 100
used for hire but excluding all other public service
vehicles when travelling on single carriageway highways
All motor vehicles with seating accommodation for more than seven, L.N. 252/1978.
but not more than nine passengers, are exempted from the provision of Part V
of the Traffic Rules.