TrafficAct Cap.403 No.37and38of2012Amendments

Download as pdf or txt
Download as pdf or txt
You are on page 1of 239

LAWS OF KENYA

The Traffic Act

Chapter 403

Revised Edition 2012 (2010)


Published by the National Council for Law Reporting
with the Authority of the Attorney General

www.kenyalaw.org
2 CAP. 403 Traffic [Rev. 2012

CHAPTER 403

THE TRAFFIC ACT

ARRANGEMENT OF SECTIONS

Part I – Preliminary
Section

1—Short title.
2—Interpretation.
3—Appointment of officers.
4—Classification of vehicles.

Part II - Registration 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.

Part III - Licensing of Vehicles

15—Motor vehicles and trailers to be licensed.


16—Application for licence.
17—Conditions for issue of licence.
17A—Vehicle inspection certificates.
18—Form of licences.
19—Fees and duration of licences.
20—Licence to be carried on vehicle.
Rev. 2012] Traffic CAP. 403 3

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.

Part IV – Driving Licences

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.

Part V – Driving and Other Offences Relating to the


Use of Vehicles on Roads

42— Speed of motor vehicles.


43—Penalties in relation to speed.
44—Driving under influence of drink.
45—Prohibition of drinking when driving or in charge of
public service vehicle.
45A—Driving on pavement, pedestrian walkway, etc.
46—Causing death by driving or obstruction.
47—Reckless driving.
48—Power to convict for reckless or dangerous driving on trial
for manslaughter or for causing death by driving or
obstruction.
49—Driving without due care and attention.
50—Warning to be given before prosecution.
51—Only proper fuel to be used in motor vehicles.
52—Signals and signs to be obeyed.
52A—Offences relating to parking bays and areas where no
charges are made.
4 CAP. 403 Traffic [Rev. 2012

52B—Parking of vehicles carrying explosives, petroleum, etc.


53—Obstruction.
54—Racing, pacemaking and trial of speed.
55—Condition of vehicles.
56—Limitation of loads.
57—Exemptions.
58—Penalty for improper condition or overloading.
59—Obstructing driver of motor vehicle.
60—Restrictions on pillion riding.
61—Riding in dangerous position.
62—Restrictions on persons being towed.
63—Causing damage to motor vehicle.
64—Tampering with motor vehicle.
65—Taking motor vehicle without consent.
66—Unattended motor vehicles.
66A – Maximum driving hours.
66B – Disqualification on third endorsement in three years.
67 – Penalties under this Part.

Part VI – Regulation of Traffic

68 – Highway Code.
69 – Power to regulate traffic.
69A—Mounting of roadblocks.
70 – Traffic signs.
71 – Closure of roads.
72 – Injury to bridges.

Part VIA – Designated Parking Places

72A – Power to make by-laws for designated parking places.


72B – Charges for use of designated parking places.
72C – Supplemental provisions regarding excess charges.
72D – Exceptions.
72E – Meters may be taken out of use.
72F – Duty of local authority concerning parking meters.
72G – Offences concerning designated parking places.
72H – Protection of local authority.
72I – Interpretation of this Part.

Part VIB – Parking Elsewhere than in Designated Parking


Places

72J – Power to make by-laws for parking elsewhere than in


designated parking places.
Rev. 2012] Traffic CAP. 403 5

Part VII – Accidents

73 – Duty to stop and report.


74 – Inspection of vehicle involved in an accident.
75 – Penalties under this Part.

Part VIII – Suspension, Cancellation and Endorsement


of Driving Licences

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.

Part IX – Offences by Drivers of Vehicles Other than Motor


Vehicles and Other Road Users

85–Driving under influence of drink.


86–Reckless driving.
87–Careless driving
88–Carelessness while in charge of animals.
89–Restrictions on riding bicycles.

Part X – Miscellaneous Provisions as to Roads

90 – Offences in connexion with roads.


91 – Encroachment on and damage to roads.
92 – Prohibition on use of tracked vehicles, etc.
93 – Non-liability of highway authority for damage.
94 – Penalties under this Part.

Part XI – Public Service Vehicles

95 – Public service vehicles to be licensed.


96 – Application for public service vehicle licence.
97 – Issue and conditions of licence.
98 – Drivers and conductors to be licensed.
99 – Power to cancel or suspend licence.
100 – Passengers and loads.
101 – Non-payment of fare.
102 – Regulation of public service vehicles.
6 CAP. 403 Traffic [Rev. 2012

103 – Touting.
103A—Uniforms and special badge.
103B—Helmets and reflector jackets.
103C—Unauthorised driving.
104 – Penalties under this Part.

Part XII – General

105 – Inspection of vehicles.


105A-Driver of a public service vehicle to undergo fitness test.
106 – Removal of vehicles from road.
107 – Detention of vehicles.
108 – Certificate of inspector to be admissible in evidence.
109 – Certified extract from records to be admissible in
evidence.
110 – Owner or other person to furnish name and address of
driver of vehicle.
111 – Owner to keep list of drivers employed.
112 – Verification of facts.
113 – Giving false information.
114 – Fraudulent imitation, etc., of documents.
115 – Endorsements of licence to be proof of conviction.
116 – Notice to attend court.
117 – Minor traffic offences.
117A–Preparation of summary document.
117A–Assignment of demerit points on conviction for certain
offences.
117B– Officer Commanding Police Division to be in charge of
Traffic matters.
118—General penalty.
118A –Local authority may make by-laws regulating taxicabs,
etc.
119 –Rules.
120 – Power to suspend and exempt from provisions.
Rev. 2012] Traffic CAP. 403 7

CHAPTER 403 39 of 1953, 39 of 1956,


14 of 1958, 52 of 1959,
14 of 1960, 24 of 1960,
THE TRAFFIC ACT 14 of 1962, L.N. 242/1964,
9 of 1967, 8 of 1968,
13 of 1968, 38 of 1968,
Commencement: 1st January, 1954, 5 of 1971, 14 of 1971,
Commencement: 1st December, 2012, 13 of 1972, 4 of 1974,
Commencement: Section 9 1st January, 2013, 16 of 1977, 13 of 1980,
Commencement: Section 16 and 105A 1st July, 2013. 14 of 1982, 19 of 1982,
11 of 1983, 10 of 1984,
­An Act of Parliament to consolidate the law relating to traffic on the roads. 1 of 1986, 20 of 1989,
14 of 1991, L.N 187 / 1994,
L.N. 290/1994, L.N. 352/1995,
L.N. 393/1995, L.N.126/1996,
L.N. 127/1996, L.N.130/1996,
L.N. 163/1997, L.N. 164/1997,
L.N. 112/1999, L.N. 119/2001,
L.N.159/2001, L.N. 103/2002,
L.N. 104/2002, L.N. 105/2002,
L.N. 132/2002, L.N. 161/2003,
L.N. 179/2003, L.N. 83/2004,
L.N. 97/2004, L.N. 65/2005,
L.N. 55/2006, L.N. 56/2006,
L.N. 57/2006, L.N. 111/2006,
L.N. 33/2007, L.N. 88/2007,
L.N. 89/2007, L.N.145/2007,
2 of 2007, 9 of 2007,
8 of 2008, 8 of 2009.
10 of 2010, 4 of 2012,
­Part I - Preliminary 33 of 2012, 37 of 2012,
38 of 2012.

1.  This Act may be cited as the Traffic Act. ­ Short title.

2.  In this Act, unless the context otherwise requires - ­ Interpretation.


52 of 1959, s. 2,
13 of 1972, Sch.,
"Authority" means the National Transport and Safety Authority 10 of 1984, s. 2,
established under the National Transport and Safety Authority Act; 1 of 1986, s. 3,
2 of 2007, Sch.,
“bicycle” means any bicycle or tricycle not self-propelled; ­ L.N. 83/2004,
LN. 97/2004,
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, 4 of 2012, s. 27.
sheep, goats and swine; ­ 33 of 2012, s. 62.

“certifying officer” means the person appointed to be the certifying


officer under subsection (2) of section 3; ­
“commercial vehicle” means a motor vehicle constructed or
adapted for the carriage of goods or burdens of any description in
connexion with any trade, business or agriculture, but does not include
8 CAP. 403 Traffic [Rev. 2012

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; ­

“computerized motor vehicle registration system” means any


software or hardware for use in storing, retrieving, processing or
disseminating information relating to registration records of motor
vehicles and trailers, the licensing of drivers, and the keeping of such
records in relation thereto as are required by this Act.

“dealer” means any person who deals by way of business in motor


vehicles or trailers; ­

“dealer’s general licence” means a licence issued under section 23;­

“deregistration certificate” means a deregistration certificate


issued under section 6A(2);

“drive”, in relation to a motor vehicle, includes the steering of a


motor vehicle; ­

“driver” means any person who drives or guides, or is in actual


physical control of, any vehicle or cattle on any road; ­

“driving licence” means a licence to drive a motor vehicle issued


under this Act, and any document deemed to be a driving licence by
any rules made under this Act; ­

“driving test examiner” means any person appointed to be a


driving test examiner under subsection (3) of section 3: ­

“heavy commercial vehicle” means a commercial vehicle whose


2 of 2007, Sch. tare weight exceeds six thousand seven hundred and twenty pounds;

“highway authority” means the Minister for the time being


responsible for public roads or any other Authority or body to whom
the Minister delegates powers subject to such terms and conditions as
he may deem appropriate.

“information technology” means any equipment or software for


use in storing, retrieving, processing or disseminating information;

“inspection certificate” means a certificate affixed to a vehicle


under section 17A; ­

“inspector” means any person appointed to be an inspector of


vehicles under subsection (3) of section 3; ­
Rev. 2012] Traffic CAP. 403 9

“invalid carriage” means a motor vehicle specially designed and


constructed for the use of persons suffering from some physical defect
or disability; ­

“licensing officer” means a licensing officer appointed under


section 3; ­

“manufacturer” means a manufacturer of motor vehicles and


trailers; ­

“matatu” means a public service vehicle having a seating


accommodation for not more than twenty-five passengers exclusive of
the driver, but does not include a motor car; ­

“motor car” means a motor vehicle having seating accommodation


for not more than ten passengers excluding the driver, but does not
include a motor cycle; ­

“motor cycle” means a motor vehicle with less than four wheels
the weight of which unladen does not exceed eight hundredweights; ­

“motor omnibus” means a public service vehicle having seating


accommodation for more than twenty-five passengers exclusive of the
driver; ­

“motor vehicle” means any mechanically propelled vehicle,


excluding any vehicle running on a specially prepared way such as a
railway or tramway or any vehicle deriving its power from overhead
electric power cables or such other vehicles as may from time to time
by rules under this Act be declared not to be motor vehicles for the
purposes of this Act; ­

“owner”, in relation to a vehicle which is the subject of a


hire-purchase agreement or hiring agreement, includes the person in
possession of the vehicle under that agreement; ­

“plying for hire” includes - ­


(a) standing on any public taxi stand; ­
(b) being offered for hire by any notice, advertisement or
announcement; ­
(c) standing or travelling whilst exhibiting a “For Hire” notice
of any kind; ­

“provisional licence” means a licence issued under section 32; ­


10 CAP. 403 Traffic [Rev. 2012

“private hire vehicle” means any public service vehicle constructed


or adapted to carry not more than seven passengers, exclusive of the
driver, such vehicle not being a taxicab or matatu; ­

“public service vehicle” means any motor vehicle which - ­


(a) is licensed under Part XI to carry passengers for hire or
reward; or ­
(b) plies for hire or reward or is let out for hire or reward; or ­
(c) is carrying passengers for hire or reward; ­

“registration certificate” means a certificate issued under section


6(5);

“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; ­

“tare weight” means the weight of a vehicle when unladen,


inclusive of the weight of the body and all parts (the heavier being taken
when alternative bodies or parts are used) which are necessary to or
ordinarily used with the vehicle when used on the road; ­

“taxicab” means any public service vehicle constructed or adapted


to carry not more than seven passengers, exclusive of the driver, which
is registered under any by-laws relating to the licensing and operation
of taxicabs to ply for hire from a taxi rank or other public place within
the area where such by-laws are in force; ­

“tractor” means a motor vehicle constructed or adapted for the


purpose of hauling trailers but which is not itself designed to carry
goods or passengers; ­

“trailer” means any vehicle designed to be drawn by a motor


vehicle, but does not include a sidecar attached to a motor cycle; ­

“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: ­

Provided that all traffic signs shall conform to any regulations as


to size, colour and type which may be prescribed by rules made under
this Act; ­

“vehicle” includes a motor vehicle, a trailer and any other


conveyance used on a road. ­
Rev. 2012] Traffic CAP. 403 11

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.

(2) The Authority shall appoint such licensing officers as may be


necessary for the carrying out of the provisions of this Act.

­(3) The Minister shall, by notice in the Gazette, appoint - ­

(a) a certifying officer, who shall perform such duties under


this Act and any rules made thereunder in relation to the
examination of vehicles as the Minister may direct, and for
the purpose of performing such duties the certifying officer
shall have and may exercise the powers of an inspector under
this Act; and ­

(b) such inspectors and driving test examiners as may be


necessary for carrying out the provisions of this Act. ­

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. ­

Part II - Registration of Vehicles ­


Records of vehicles.­
5.  (1) The Authority shall keep records of all motor vehicles and
33 of 2012, s. 62.
trailers registered in Kenya, and shall cause every licensing officer to
keep records of all vehicles registered by him. ­

(2) Vehicle records maintained by the Authority shall be open for


inspection by any police officer or collector of customs who shall be
entitled to a copy of any entry in such records free of Charge.
12 CAP. 403 Traffic [Rev. 2012

­(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) the procedures which may be carried out by use of


information technology; and

(b) the persons authorized to carry out such formalities using


information technology.

Application to use of 5B. (1) A person who wishes to be registered as a user of a


computerized motor computerized motor vehicle registration system may apply in writing
vehicle registration to the Registrar who may—
system.
4 of 2012 , s. 28.
(a) grant the application subject to such conditions as he may
impose; or

(b) reject the application.

(2) A person shall not access, transmit to, or receive information


from, a computerized motor vehicle registration system unless that
person is a registered user of the system.

5C. The Registrar may, at any time, cancel the registration of a


Cancellation of
registration of registered user of a computerized motor vehicle registration system if
registered user. satisfied that the user has —
4 of 2012 , s. 28.
(a) failed to comply with a condition of registration imposed
by the Registrar under section 3;

(b) failed to comply with, or has acted in contravention of, any


condition under the rules; or

(c) been convicted of an offence under this Act relating to


improper access to, or interference with a motor vehicle
computerized system.

Unauthorized access 5D. (1) A person commits an offence if the person -


to computerized
Rev. 2012] Traffic CAP. 403 13

(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.

(b) having lawful access to any computerized motor vehicle


registration system, knowingly uses or discloses information
obtained from such system for a purpose that is not
authorized; or

(c) knowing that he is not authorized to do so, receives


information obtained from any computerized motor vehicle
registration system and uses, discloses, publishes, or
otherwise disseminates such information.

(2) A person who commits an offence under subsection (1) shall


be liable on conviction-

(a) in the case of an individual, to imprisonment for a term not


exceeding two years, or to a fine not exceeding four hundred
thousand shillings, or to both; or

(b) in the case of a body corporate, to a fine not exceeding one


million shillings.
Interference with
5E. A person commits an offence if the person knowingly- computerized motor
vehicle registration
(a) falsifies any record or information stored in any computerized system.
motor vehicle registration system; 4 of 2012 , s. 28.

(b) damages or impairs any computerized motor vehicle


registration system; or

(c) damages or impairs any duplicate tape or disc or other


medium on which any information obtained from a
computerized motor vehicle registration system is held or
stored, otherwise than with the permission of the Registrar,

and shall be liable on conviction to a fine not exceeding eight hundred


thousand shillings, or to imprisonment for a term not exceeding three
years, or to both.

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.

­(3) A licensing officer, before he registers any motor vehicle or


trailer, may verify all the particulars in the form of application, and
may, if he thinks fit, send the vehicle to an inspector for examination in
order to satisfy himself that the vehicle is in a fit and proper condition
for the purpose for which it is intended to be used and to conform in
all respects to the provisions of this Act. ­

(4) If any application is made to register any commercial vehicle


or trailer the load capacity of which has not been declared by the
manufacturers of the chassis, a licensing officer shall not register the
vehicle or trailer until an inspector has determined its load capacity;
and the determination shall be final. ­

(5) A licensing officer, on being satisfied as to the accuracy of the


particulars contained in a form of application for the registration of a
vehicle, shall assign the vehicle a registration number, which shall be
the identification mark of the vehicle; the licensing officer shall enter the
particulars of the vehicle in the records of the Authority and shall issue
to the owner of the vehicle a registration certificate, which certificate,
or a duplicate thereof, shall be proof of registration of the vehicle. ­

(5A) Where a vehicle ceases to be used on the road, the owner


shall forthwith return the registration certificate issued under this Act
to the Registrar of Motor Vehicles for cancellation.

(6) If a registration certificate has been lost, destroyed or defaced


or the particulars thereon have become illegible, the owner of the
vehicle shall apply in the prescribed form for a duplicate thereof, and
the Authority, if satisfied as to such loss, destruction, defacement or
illegibility, shall, upon payment of the prescribed fee, issue a duplicate
registration certificate: ­

Provided that any registration certificate which has been lost and
is subsequently found shall forthwith be returned to the Registrar for
cancellation. ­

(7) In the event of any change of circumstance which affects the


accuracy of the registered particulars of any vehicle, the owner of the
Rev. 2012] Traffic CAP. 403 15

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. ­

(8) If the licensing officer has reason to believe that a motor


vehicle or trailer in respect of which registration has been applied for is
or may be of a type not previously registered under this Part, or is of a
type so registered but constructed according to different specifications,
he may refuse to register the vehicle or trailer until plans or specifications
thereof have been submitted to and approved by the Authority. ­

(9) If a vehicle is written off by an insurer, the insurer shall


forthwith return the registration book and identification plates issued
under this Act or the regulations to the Registrar for cancellation.

(10) The Registrar may, where he has reasonable grounds to


believe that a motor vehicle has been registered in error, fraudulently
or in any manner contrary to the provisions of this Act, withdraw the
registration of the motor vehicle.

(11) Where the registration of a motor vehicle is withdrawn under


subsection (10)-

(a) the owner shall forthwith return the registration book and
identification plates to the Registrar for cancellation; and

(b) the Registrar may cause to be published in the Gazette or in


a daily newspaper of national circulation all the details of the
motor vehicle and forward the details to the Commissioner
of Customs services or the Inspector-General of the Police
who shall seize and detain the motor vehicle.

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.

(2) The Registrar shall, after cancelling the registration certificate


returned under subsection (1), issue a deregistration certificate to the
registered owner in such form as may be prescribed.

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:

Provided that, where in any case the registered owner of a motor


vehicle fails to comply with the provisions of this subsection, the
Authority may, on being satisfied that the registered owner has died, left
Kenya, cannot be traced, or has refused to comply with the provisions
of this subsection, cause the vehicle to be registered in the name of the
new owner on payment of the prescribed fee.

­(2) (Deleted by 8 of 2009, s. 39).

(3) Subsections (1) and (2) shall not apply to a change of


possession consequent on a contract of hiring where the period of hiring
does not exceed three months or where the registered owner continues
to employ and pay the driver of the vehicle. ­

(4) Application for registration of a new owner may be made


before the actual transfer of the vehicle, but the registration of a new
owner shall not be effective until the registration certificate has been
surrendered to and reissued by the Authority. ­

(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) the registered owner or his representative shall, within


fourteen days of the seizure, deliver the registration certificate
to the person who has seized the vehicle, and inform the
Authority in writing of the change of possession; ­
Rev. 2012] Traffic CAP. 403 17

(b) such person shall, within fourteen days of receiving the


registration certificate, apply to the Authority to be registered
as the owner thereof in place of the registered owner,
and shall on payment of the prescribed fee be registered
accordingly. ­

(6) On the registration of a new owner, the Authority shall make


the necessary alterations to the registration book, and shall deliver the
amended registration book to the new registered owner and may, if it
considers it fit, issue a new registration book. ­

10.  Notwithstanding the provisions of this Act, a licensing No registration


officer shall not register a motor vehicle unless the owner of the vehicle of motor vehicles
exported or imported
satisfies him - ­
unlawfully.

(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: ­

Provided that identification plates used under the authority of a


general dealer’s licence may be suspended from the vehicle and not
fixed. ­

(1A) Where a motor vehicle ceases to be used on the road, the


owner shall forthwith surrender the identification plates to the Registrar
of Motor Vehicles for cancellation.

(2) (Deleted by 4 of 1974, Sch.).­


Production of
13. The owner of a vehicle shall, when requested by a police registration book.  ­
officer, produce for inspection, either immediately to the police officer or 10 of 2010, s. 41.
within five days of the request being made, at a police station nominated
18 CAP. 403 Traffic [Rev. 2012

by the owner, the registration certificate issued in respect of the vehicle.­

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.­

 ­Part III - Licensing of Vehicles ­

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

(2) Before issuing a licence in respect of any motor vehicle


or trailer of a class prescribed for the purposes of this subsection, a
licensing officer shall require the applicant to produce an inspection
report showing that the vehicle or trailer has been examined by an
inspector during the months immediately preceding the commencement
of the licence and that the vehicle or trailer complies with the provisions
of this Act and of any rules made thereunder: ­

Provided that no such inspection report shall be required in the


case of a vehicle which is intended to be used as an omnibus and in
respect of which a certificate of fitness issued under paragraph (g) of
subsection (3) of section 96, and dated not earlier than ten months before
the commencement of the licence, is produced.­

(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. ­

17A.  (1) Where - ­ Vehicle inspection


certificates.
1 of 1986, s. 3A.
(a) an inspector issues an inspection report for the purposes
of section 17 (2) showing that a motor vehicle or trailer
complies with the provisions of this Act and of any rules
made thereunder; or­
(b) a certifying officer issues a certificate of fitness in respect
of a public service vehicle under section 96 (3) (g), ­

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. ­

(3) No motor vehicle or trailer of a class prescribed for the


purposes of section 17 (2) shall be used on a road unless an inspection
certificate which is - ­

(a) valid and in force at the time; and ­

(b) legible and in no way defaced or mutilated, is affixed to the


vehicle or trailer. ­
20 CAP. 403 Traffic [Rev. 2012
Form of licences. 18.  Every vehicle licence shall be in the prescribed form.­
14 of 1962, s. 2.
Fees and duration of 19.  (1) Vehicle licences, other than a dealer’s general licence,
licences. may be issued for such periods and upon payment of such fees as may
14 of 1962, ss. 3 be prescribed: ­
and 8.,
33 of 2012, s. 62,
(1A) Any outstanding amount shall attract two percent interest per
38 of 2012, s. 6.
month or part thereof, but the interest shall not exceed the maximum
amount of fee owed on the licence.

Provided that, where a period is so prescribed, a licence issued


before the period is prescribed shall not be invalid solely by reason
that the period for which it was issued is different from that prescribed.­

(2) The holder of a vehicle licence, other than a dealer’s general


licence, shall, on surrendering it for cancellation to the Authority, be
entitled to such refund as may be prescribed: ­

Provided that, where the refund as calculated includes part of a


shilling, the refund shall exclude such part of a shilling. ­

Licence to be carried 20.  No vehicle which is required to be licensed shall be used on


on vehicle. a road unless the licence, which shall be legible and in no way defaced,
is carried on the vehicle in the prescribed manner.­

Duplicate licences.­ ­ 21.  If a vehicle licence is lost, defaced, mutilated or rendered


33 of 2012, s. 62. illegible, the Authority shall issue a duplicate licence on payment of
the prescribed fee: ­

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. ­

(2) Subject to sections 24, 25, 26 and 27 and to any other


conditions which may from time to time be prescribed, the holder of a
dealer’s general licence shall use the licence only in respect of vehicles
in his possession; and shall not use more than one such vehicle under
the authority of one licence at any one time. ­

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 - ­

(i) for proceeding to or returning from any inspection, ex-


amination or test as provided for by this Act; ­
(ii) for proceeding from the premises of a dealer to a railway
station or wharf for entraining or shipment, or from a
train or ship to such premises; or ­
(iii) for test or trial during or after completion, construction,
assembly or repair; or ­
(iv) for test or trial by or on behalf of an intending purchaser,
or for proceeding to or from the place where the purchaser
intends to keep it; or ­
(v) for proceeding to or from a public weighbridge for the
purpose of its weight being ascertained or to or from a
place for registration; ­
(vi) for exportation to any territory in East Africa, the Sudan
or Zaire; ­
(vii) for proceeding from the premises of a dealer to the
premises of a purchaser or of another dealer or manu-
facturer; ­
(viii) for towing a motor vehicle which while being driven
upon a road has become unable to proceed under its own
power from the place where it has broken down to a place
for repair or storage; ­
(ix) for proceeding to or returning from a workshop in which
22 CAP. 403 Traffic [Rev. 2012

a body is to be or has been fitted to the motor vehicle or


where the motor vehicle is to be or has been painted or
repaired; or ­
(x) for proceeding to or returning from an exhibition of
motor vehicles. ­

(2) In any proceedings under this section, the burden of proving


the fact of an accident for the purposes of paragraph (b) of subsection
(1) shall lie on the person charged. ­

(3) No vehicle shall be used on any road under the authority of


a dealer’s general licence unless the holder of the licence, or a person
duly authorized by him, accompanies the vehicle. ­

(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.

­(5) Upon the issue of a dealer’s general licence, the Authority


shall also supply to the person to whom such licence is issued a book in
a form approved by the Authority, in which the holder of such licence
shall on each occasion and before such licence is used complete in
duplicate the entries for which provision is therein made; one copy
of such entries shall remain in the book, and the other copy shall be
carried with the vehicle during the whole of the journey to which such
entries relate, and shall be produced at any time during such journey
by the driver for inspection upon demand made by any police officer,
licensing officer or inspector. ­

(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. ­

(7) No person shall deface or mutilate any such book, or make


any entry therein which is to his knowledge false or misleading, or alter
or obliterate any entry made therein, or except as provided by this Act
make any entry therein or addition thereto, or after its removal from
such book make, alter or obliterate any entry in any copy to be carried
on the vehicle. ­
Duration of dealer’s 25.  (1) A dealer’s general licence shall continue in force until the
general licence.­
31st December next following the date of issue. ­
33 of 2012, s. 62.
Rev. 2012] Traffic CAP. 403 23

(2) Every dealer’s general licence shall cease to be valid if the


dealer ceases to carry on business in the district for which it is issued. ­

(3) When a dealer’s general licence expires or is cancelled or


otherwise ceases to be valid under this Act, the holder of the licence
shall deliver to the Authority the identification plates which were issued
to the holder with the licence: ­
Provided that upon the expiry of the licence the holder may retain
the identification plates issued with the licence if he applies for and is
issued with a new licence in respect of the same identification plates and
the new licence would during the period of its validity authorize the use
of such identification plates in the same manner as the expired licence.
­
26.  (1) The Authority may at any time cancel a dealer’s general Cancellation of
licence for a breach of any of the provisions of this Act or of any dealer’s general
regulations made thereunder which relate to dealer’s general licences. licence.­
­ 33 of 2012, s. 62.
(2) The Authority shall give notice of the cancellation to the person
to whom the licence was issued, and may make to such person a refund
calculated in like manner as is provided in subsection (2) of section 19.

­(3) Any person holding a dealer’s general licence who is aggrieved


by the decision of the Authority under this section may, within one month
from the date of the service on him of notice of cancellation, appeal to
a subordinate court of the first class.
­
Dealer’s general
27.  A dealer’s general licence shall not be used for any purpose
licence not to be
other than a purpose provided for in this Act, and shall not be transferred transferred without
or assigned to any other person without the authority of the Authority.­ authority.
33 of 2012, s. 62.

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. ­

(2) If any person is convicted of an offence under this section


in a case where a licence fee under this Part is payable and has not
been paid, the court may, whether or not any other penalty is imposed,
24 CAP. 403 Traffic [Rev. 2012

impose a fine (which shall be disposed of in the same manner as the


fee payable on the licence) of an amount equivalent to the fee unpaid,
and the payment of such fine shall operate in satisfaction of any civil
debt due under section 28. ­

­Part IV - Driving Licences ­

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.

­(3) No person shall be entitled to more than one driving licence,


but a driving licence may be endorsed to permit the holder to drive one
or more classes of motor vehicle. ­

(4) Driving licences shall be issued, and upon expiry renewed


on production, by a licensing officer upon payment of the prescribed
fee, and a driving licence so issued or renewed may be expressed to be
valid for a period or of three years, from the date of issue or renewal.­­

(5) In the event of any change of circumstances which affects the


accuracy of any particulars declared under paragraph (b) of subsection
(1) of section 31, or which would operate to prevent the grant of a
driving licence under that section, the holder of the driving licence shall
forthwith inform the Authority of the change. ­

(6) A driver of a public service vehicle or a commercial vehicle


shall be required to undergo every three years a driving test under
section 39 successfully as a condition for each renewal of the licence.

(7) Any person who contravenes or fails to comply with this


section shall be guilty of an offence and liable - ­

(a) on first conviction to a fine not exceeding twenty thousand


shillings or to imprisonment for a term not exceeding three
months; and ­
(b) on each subsequent conviction to a fine not exceeding
thirty thousand shillings or to imprisonment for a term not
exceeding six months or to both. ­

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) If it appears to a licensing officer that there is reason to believe


that an applicant for any driving licence is suffering from disease or
physical disability likely to cause the driving by him of a motor vehicle,
of the class or classes in respect of which the application for a licence
is made, to be a source of danger to the public, he may refuse to grant
such application unless the applicant - ­

(a) produces a certificate from a medical practitioner, stating


that in the opinion of such medical practitioner the applicant
is physically fit to drive the class or classes of motor vehicle
in question; and ­

(b) undergoes and passes a driving test. ­

(3) Any person who is aggrieved by the refusal of the Authority or


a licensing officer to grant a licence may, after giving to the Authority
notice of his intention so to do, appeal to a subordinate court of the
first or second class, which shall after considering the grounds for such
refusal make such order as it thinks fit, and any order so made shall be
binding on the Authority. ­
Provisional driving
32.  (1) Notwithstanding subsection (1) of section 31, a licensing licence.
officer may grant an applicant for a driving licence a provisional licence
endorsed in respect of any class or classes of motor vehicle which if he
held a driving licence he would be entitled to drive, in order that the
26 CAP. 403 Traffic [Rev. 2012

applicant may learn to drive such class or classes of vehicle. ­

(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.

­(4) Any person holding a provisional licence driving a motor


vehicle shall comply with all such conditions as shall be prescribed. ­
Driving licence not to 33.  (1) No driving licence or provisional licence shall be granted
be granted to persons
to any person -
under certain ages.
11 of 1983, Sch.,
10 of 1984, s. 4. (­ a) under the age of sixteen years; ­
(b) under the age of eighteen years, except in respect of motor-
cycles; or ­
(c) endorsed in respect of matatus and motor-omnibuses,
unless he - ­

(i) is over the age of twenty-four years; and ­


(ii) has for not less than four years held a licence endorsed
in respect of motor-cars or commercial vehicles: ­

Provided that any person who satisfies the licensing officer


that he has, before the commencement of this Act, been in
possession of a licence authorizing him to drive a motor
vehicle in Kenya shall, subject to subsection (2) of section 31,
notwithstanding the provisions of this section, be entitled to
receive a licence in respect of the same class or description of
vehicles which he is by such licence authorized to drive. ­

(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

(2) Subject to subsection (3) of section 30, any person holding a


driving licence endorsed in respect of any class of motor vehicle who
wishes his licence endorsed in respect of another class or classes of
motor vehicles shall apply to a licensing officer in the prescribed form
and pay the prescribed fee, and the particulars and declaration in such
form shall be signed by the applicant. ­

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.­­

(3) Any person who contravenes or fails to comply with this


section shall be guilty of an offence and liable to a fine not exceeding
ten thousand shillings. ­

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.

(2) The signature of the licence holder shall also be affixed to


the licence.

(3) No person shall use mutilated or defaced driving licence or


provisional licence.

(4) A driving licence issued to any person who is suffering from


any disease or disability to whom under section 31 a licence has been
granted shall be subject to such restrictions or conditions as may be
decided by the licensing officer; and the restrictions or conditions shall
be entered on the licence, which shall not be valid unless such conditions
or restrictions are complied with by the holder thereof.

38.  If a driving licence or provisional licence is lost, defaced Duplicate licences.


or mutilated, the Authority shall, upon application being made in the 33 of 2012, s. 62.
prescribed form and upon payment of the prescribed fee, issue to the
28 CAP. 403 Traffic [Rev. 2012

holder a duplicate licence or provisional licence: ­

Provided that where any licence or provisional licence which has


been lost is subsequently found the holder shall forthwith deliver up to
the licensing officer such duplicate. ­

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 - ­

(a) knowledge of the rules of the road; ­


(b) knowledge of recognized road signals and road signs; ­
(c) knowledge of any authorized road or highway code; and ­
(d) physical fitness to drive a motor vehicle of the class for
which the licence is required. ­

(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. ­

(2) Where the Registrar has revoked a driving licence under


subsection (1), the owner of such licence shall deliver his driving licence
to the Registrar, who shall endorse on it the reason for its revocation. ­

(3) The Registrar shall restore a driving licence revoked under


subsection (1) to the person in question under the following conditions-

­(a) in the case of a licence revoked under paragraph (a) of


subsection (1), if he satisfies the Registrar, by means of a
certificate from a medical practitioner, that he is suffering
from no disease or physical disability likely to cause the
driving by him of a motor vehicle, of the class or classes in
respect of which his licence was issued, to be a source of
Rev. 2012] Traffic CAP. 403 29

danger to the public; and ­

(b) in the case of a licence revoked under paragraph (b) of


subsection (1), if he passes the prescribed test for the class
or classes of motor vehicle in respect of which his licence
was originally granted. ­
(4) Any person who is aggrieved by the revocation of a licence
under this section may, after giving to the Registrar notice of his
intention so to do, appeal to a subordinate court of the first or second
class, which shall, after considering the grounds for such revocation,
make such order as it thinks fit, and any order so made shall be binding
on the Registrar. ­
41.  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.
where no penalty is specifically provided, on first conviction to a fine 1 of 1986, s. 7,
not exceeding ten thousand shillings or to imprisonment for a term not 38 of 2012, s. 10.  ­
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.­

Part V - Driving and Other Offences Relating to the Use of


Vehicles on Roads ­

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 the highway authority shall erect and maintain


traffic signs as prescribed so as plainly to indicate to drivers entering
or leaving such roads or areas where the fifty kilometre per hour speed
limit restriction begins and ends. ­

(4) Notwithstanding subsections (1) and (3), it shall be lawful


30 CAP. 403 Traffic [Rev. 2012

for the Minister - ­

(a) to impose on any road such lower limit of speed as it


considers necessary in circumstances when, by reason of
repairs, reconstruction or damage to the road or the condition
of the road, any lower limit of speed is necessary for the
public-safety or to prevent damage to the road: ­

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; ­

(b) to impose on any road or area, either permanently or for


such time as he considers appropriate, such lower limit of
speed as may be necessary to prevent damage to the road or
for the safety of the public having regard to any permanent
or temporary hazards, the alignment or characteristics of
the road, the width of streets, nature of traffic or general
development of the area: ­

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.­

(4B) A delegation under subsection (4A) may - ­

(a) be made subject to such conditions, exceptions and


limitations as are specified in the notice; ­

(b) be made either generally or with respect to any particular


road or area; and ­

(c) be revoked or varied by a subsequent notice made in like


manner, ­

and shall not prevent the exercise by the Minister of any power so
delegated. ­

(5) The provisions of this section or of this or any ot­her Act,


imposing a speed limit on motor vehicles, shall not apply to any vehicle
on an occasion when it is being used for fire brigade, ambulance or
police purposes, if the observance of such provisions would be likely
Rev. 2012] Traffic CAP. 403 31

to hinder the use of the vehicle for the purpose for which it is being
used on that occasion. ­

(6) Nothing in subsection (5) authorizes a person to use a motor


vehicle for fire brigade, ambulance or police purposes in contravention
of any other provision of this Act.
­
43.  (1) Any person who contravenes or fails to comply with any of Penalties in relation
the provisions of section 42 shall be guilty of an offence and liable to a to speed.
fine of not exceeding one hundred thousand shillings and not exceeding 1 of 1986, s. 9,
two thousand shillings. ­ 38 of 2012, s. 11.

(2) A first or second conviction for an offence under this section


shall not render the offender liable to be disqualified for holding
or obtaining a licence for a longer period than, in the case of a first
conviction, one month, or in the case of a second conviction three
months:

­Provided that, if the offender has been convicted of reckless or


dangerous driving within the three years immediately preceding the
date of his conviction for an offence under this section, such previous
conviction shall be treated for the purposes of this subsection as if it
had been a conviction for an offence under this section. ­

(3) A person charged with the offence of driving a motor vehicle of


any class or description on a road at a speed greater than the maximum
speed allowed shall not be liable to be convicted solely on the evidence
of one witness to the effect that in the opinion of the witness the person
charged was driving the vehicle at such greater speed. ­

44.  (1) Any person who, when driving or attempting to drive, or


Driving under
when in charge of a motor vehicle on a road or other public place, is
influence of drink.
under the influence of drink or a drug to such an extent as to be incapable 11 of 1983, Sch.,
of having proper control of the vehicle shall be guilty of an offence 1 of 1986, s. 10,
and liable to a fine not exceeding one hundred thousand shillings or to 38 of 2012, s. 12.
imprisonment for a term not exceeding two years or to both. ­

(2) A person convicted of an offence under this section shall,


without prejudice to the power of the court to order a longer period of
disqualification, be disqualified, for a period of twelve months from the
date of conviction, for holding or obtaining a licence. ­

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-

(a) for a first conviction, to imprisonment for a term not


exceeding three months, or to a fine not exceeding thirty
thousand shillings, and

(b) for a second or subsequent conviction to imprisonment for


a term not exceeding six months

46.  Any person who causes the death of another by driving a


Causing death motor vehicle on a road recklessly or at a speed or in a manner which
by driving or
is dangerous to the public, or by leaving any vehicle on a road in such
obstruction.
14 of 1958, s. 5, a position or manner or in such a condition as to be dangerous to the
16 of 1977, Sch., public, having regard to all the circumstances of the case, including the
1 of 1986, s.12. nature, condition and use of 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 whether or not the requirements
of section 50 have been satisfied as regards that offence and liable to
imprisonment for a term not exceeding ten years and the court shall
exercise the power conferred by Part VIII of cancelling any driving
licence or provisional driving licence held by the offender and declaring
the offender disqualified for holding or obtaining a driving licence for
a period of three years starting from the date of conviction or the end
of any prison sentence imposed under this section, whichever is the
later.­

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-

(a) for a first conviction, to a fine not exceeding one hundred


thousand shillings, or to imprisonment for a term not
exceeding two years, and
Rev. 2012] Traffic CAP. 403 33

(b) for a second or subsequent conviction, to a fine not exceeding


three hundred thousand shillings, or imprisonment for a term
not exceeding one year, and the court shall exercise the power
conferred by Part VIII of canceling any driving licence or
provisional driving licence held by the offender and declaring
the offender disqualified for holding or obtaining a driving
licence for a period of two years starting from the date of
conviction or the end of any prison sentence imposed under
this section, whichever is later.

(2) (Repealed by 1 of 1986, s. 13). ­

(3) Where a person is convicted of aiding, abetting, counselling,


procuring or inciting the commission of an offence under this section,
and it is proved that he was present in the vehicle at the time, the offence
of which he is convicted shall, for the purpose of the provisions of
this Act relating to disqualification for holding or obtaining driving
licences, be deemed to be an offence in connexion with the driving of
a motor vehicle.­
Power to convict for
48. Upon the trial of a person who is charged with manslaughter in
reckless or dangerous
connexion with the driving of a motor vehicle by him or with an offence
driving on trial
under section 46, if the court is satisfied that such person is guilty of
for manslaughter
an offence under section 47, he may be found guilty of such offence.­or for causing
death by driving or
obstruction.
14 of 1962, s. 4,
5 of 1971, s. 2.
 ­
49. (1) Any person who drives a motor vehicle on a road without Driving without due
care and attention.
due care and attention or without reasonable consideration for other
5 of 1971, s. 2,
persons using the road shall be guilty of an offence and liable— 1 of 1986, s. 14,
38 of 2012, s. 16.  ­
(a) for a first offence, to a term of imprisonment not exceeding
one year or a fine not exceeding one hundred thousand
shillings.

(b) for a second or subsequent offence, to a term of imprisonment


not exceeding two years or to a fine not exceeding two
hundred thousand shillings,

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.

(2) Where any person is charged with an offence under section 47


and the court considers that the evidence is such as to justify a conviction
under this section but not under section 47, the court may convict such
person of an offence under this section.

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 - ­

(i) failure to comply with this requirement shall not be a bar


to the conviction of the accused in any case where the
court is satisfied 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

(b) the accused by his own conduct contributed to the failure;


and­

(ii) the requirement of this section shall in every case be


deemed to have been complied with unless and until the
contrary is proved. ­
Only proper fuel to
51. (1) No fuel shall be used in any motor vehicle except that
be used in motor
vehicles.
specified in the vehicle licence in respect of such vehicle or, in the case
11 of 1983, Sch., of a motor vehicle the motor unit of which is a compression ignition
Rev. 2012] Traffic CAP. 403 35

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:

Provided that the Minister may, subject to such conditions as he


may see fit to impose, exempt any specified vehicle, the motor unit of
which is a compression ignition engine, from the provisions of this
subsection and may specify the fuel which shall be used in such motor
vehicle.­

(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.­

(2) Any person who contravenes or fails to comply with any of


the provisions of this section shall be guilty of an offence and liable—

(a) for a first conviction, to a fine not exceeding fifty thousand


shillings or a term of imprisonment not exceeding six
months; and

(b) for a second or subsequent conviction, to a fine not exceeding


seventy thousand shillings or a term of imprisonment not
exceeding one year.

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,­

shall be guilty of an offence and liable to the penalties prescribed under


section 67.­

(2) In relation to an offence under subsection (1), the reference


in that subsection to the driver of a vehicle shall be construed as a
reference to the person driving the vehicle at the time it was left in the
parking bay or parking area.­

(3) Where the driver of a vehicle is alleged to be guilty of an


offence under subsection (1) - ­

(a) the owner of the vehicle shall give such information as to


the identity of the driver as he may be required by a police
officer to give; and­
(b) any other person shall if required as aforesaid give any
information which it is in his power to give and which may
lead to the identification of the driver.­

(4) A person who fails to comply with - ­

(a) the requirement of paragraph (a) of subsection (3) shall be


guilty of an offence, unless he shows to the satisfaction of
the court that he did not know and could not with reasonable
diligence have ascertained who the driver of the vehicle
was; and­
(b) the requirement of paragraph (b) of that subsection, shall
be guilty of an offence;­

and a person guilty of an offence under this subsection shall be liable


to a fine not exceeding ten thousand shillings or to imprisonment for a
term not exceeding one month.­

(5) In this section - ­“parking area” means an area designated as


such by a highway authority where vehicles, or vehicles of any class
or description, may wait without charge;­“parking bay” means a space
in a parking area where a vehicle may wait. ­

Parking of vehicles 52B. (1) No vehicle carrying explosives, ammunition, petroleum


Rev. 2012] Traffic CAP. 403 37

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.­

(2) Any person who in contravention of subsection (1) parks


or leaves a vehicle or when in charge of a vehicle allows it to remain
stationary for more than fifteen minutes shall be guilty of an offence
and liable to the penalties prescribed under section 67.­

(3) Nothing in this section applies to - ­

(a) petroleum in the fuel tank of a vehicle;­


(b) petroleum having a flashing point below 23°C in a quantity
not exceeding 50 litres;­
(c) petroleum having a flashing point of 23°C or above in a
quantity not exceeding 90 litres,­if that petroleum is for use
only in the propulsion of the vehicle and, in the case of
petroleum referred to in paragraph (b) or (c), is carried in
air-tight tins not exceeding 18 litres in capacity.­

(4) In this section - ­


Cap. 114.
“ammunition” has the meaning given in section 2 of the Firearms
Act;­
Cap. 115.
“explosives” has the meaning given in section 2 of the Explosives
Act;­ Cap. 116.
“petroleum” has the meaning given in section 2 of the Petroleum
Act. ­
Obstruction.
53. (1) No vehicle shall be allowed to remain in any position 14 of 1958, s. 6,
on any road so as to obstruct or to be likely to obstruct or cause 11 of 1983, Sch.,
inconvenience or danger to other traffic using the road, and, save where 1 of 1986, s. 17,
the contrary is expressly provided in this Act, every vehicle on a road, 38 of 2012, s. 20.
when not in motion, shall be drawn up as close to the side of the road
as possible. ­

(2) The driver of any vehicle shall, in case of a break-down,


remove the vehicle from the road as soon as possible, and until so
removed the vehicle shall be placed as close to the side of the road
as possible; and as the vehicle remains on the road between the hours
of 6.45 p.m. and 6.15 a.m., its position shall be clearly indicated by
a light or lights visible to drivers of vehicles approaching from either
38 CAP. 403 Traffic [Rev. 2012

direction.­

(3) If any part of the vehicle remains on or near the road in a


position so as to obstruct or to be likely to obstruct or to cause or to be
likely to cause inconvenience or danger to other traffic using the road,
the driver shall place on the road not less than fifty metres from the
vehicle two red reflecting triangles of such construction and dimensions
as may be prescribed, one ahead of the vehicle and one behind it so that
each is clearly visible to drivers of vehicles approaching from ahead or
behind, as the case may be.­

(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-

(a) for a first conviction, to a fine not exceeding fifty thousand


shillings or to imprisonment for a term not exceeding one
year; and

(b) on a second or subsequent conviction, to a fine not exceeding


seventy-five thousand shillings, or to imprisonment for a term
not exceeding eighteen months, and the court shall exercise
the power conferred by Part VIII of canceling any driving
licence or provisional driving licence held by the offender
and declaring the offender disqualified from holding or
obtaining a driving licence for a period of two years starting
from the date of conviction or the end of any prison sentence
imposed under this section, whichever is the later. ­

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. ­

(2) A person convicted of an offence under this section shall,


unless the court for special reasons thinks fit to order otherwise, and
without prejudice to the power of the court to order a longer period of
disqualification, be disqualified for a period of twelve months from the
date of conviction for holding or obtaining a driver’s licence. ­

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

(2) No motor vehicle the weight or dimensions of which laden or


unladen exceeds the maximum weight or dimensions provided for such
vehicles by rules made under this Act shall be used on a road. ­

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. ­

(2) No vehicle shall be used on a road if it is loaded in such a


manner as to make it a danger to other persons using the road or to
persons travelling on the vehicle; and should any load or part of a load
fall from any vehicle on to a road such fact shall be prima facie evidence
that the vehicle was loaded in a dangerous manner until the contrary is
proved to the satisfaction of the court.­

(3) For the purpose of this section, persons travelling on a vehicle


shall be deemed to be part of the load. ­

57.  (1) A highway authority may grant a permit subject to such Exemptions.  ­
conditions as may be specified therein - ­

(a) for the use on a road of a vehicle the weight or dimensions of


which exceeds the maximum weight or dimensions provided
for by rules made under this Act;­
(b) for the carriage by a vehicle on a road of any specified
load which it is unlawful to place on the vehicle under the
provisions of any rules made under this Act.­

(2) Every permit granted under this section shall be in writing,


and shall be carried on the vehicle in question whenever the vehicle is
being used under the authority of that permit. ­

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

to, or in default of, the payment of a fine.­

(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.­

(3) (a) In any case where a motor vehicle or trailer is twice or


more times, in a period of twelve months, the subject of a
successful prosecution under any of the provisions of sections
55 and 56, the court shall, unless for special reasons to be
recorded it decides otherwise, order the Authority to suspend
the licence of such vehicle for a period of two years.­

(b) The Authority shall thereupon suspend the licence of the


vehicle for such period, and the owner of the vehicle shall
return the licence of the vehicle to the Authority, who in no
case shall issue another licence in respect of such vehicle
until the termination of the period of suspension.­

(c) No vehicle licence shall be returned or new licence granted


in respect of a vehicle whose licence has been so suspended
unless an inspector certifies that the vehicle is fit in all
respects for use upon the road.­

(4) When a vehicle licence has been suspended under subsection


(3) no refund of licence fee shall be made. ­

59.  (1) No person in a motor vehicle shall molest or obstruct the


Obstructing driver of driver of the motor vehicle while it is in motion. ­
motor vehicle.  ­
(2) In no motor vehicle shall passengers be carried in such
numbers or in such a position as to be likely to interfere with the safe
driving of such motor vehicle; and in the event of a contravention of
this subsection the driver and the person in charge of the motor vehicle
shall be guilty of an offence.­

(3) No person driving a motor vehicle shall be in such a position


that he cannot control the same or obtain a full view of the road and
traffic ahead. ­

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

(2) If any person is carried on any such motor cycle in


contravention of this section, the driver of the motor cycle shall be guilty
of an offence and liable to a fine not exceeding ten thousand shillings.­

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. ­

(2) No person shall ride or be carried on any load upon a vehicle


if such a proceeding is unsafe by reason of the insufficiency of space
available for such person to stand or sit, or by reason of the position in
which he is carried or the height or arrangement of the load.­

(3) If a person is, in opinion of a police officer in uniform,


contravening subsection (1) or (2), the police officer may order him to
a safe place on the vehicle or may order him off the vehicle.­

(4) If a person refuses or delays or fails to comply with an order


by a police officer in uniform under subsection (3), he shall be guilty
of an offence and liable, whether or not he is in addition liable to any
penalty for contravening subsection (1) or (2), to a fine not exceeding
ten thousand shillings or to imprisonment for a term not exceeding
one month. ­

62.  No person, otherwise than with lawful authority or reasonable Restrictions on


cause, shall take or retain hold of, or get on or off, a motor vehicle or persons being towed.  ­
trailer while in motion on any road­
Causing damage
63. No person shall throw any object at any vehicle or at any to motor
person in or on such vehicle, nor shall he place any object on any road vehicle. ­
nor by any means impede the progress of any vehicle whereby injury
or damage might be caused to such vehicle or any person.­
Tampering with
64. No person shall, without the knowledge or permission of motor vehicle.
the owner, or without reasonable excuse, get on to a motor vehicle or
trailer, or attempt to manipulate any of the levers, the starter, brakes or
machinery of such a vehicle, or in any way tamper with a motor vehicle
or trailer, while it is standing on a road or parking place.­

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.­

(3) In addition to any penalty specified in this section, the court


may order that the convicted person shall pay to the owner of the motor
vehicle such sum as represents fair compensation for any damage
sustained by the owner of the motor vehicle. ­

Unattended motor 66.  No person shall - ­


vehicles.  ­
(a) leave unattended on a road any motor vehicle with the
engine running;­
(b) quit any vehicle without having taken due precautions against
its moving along the road from its stationary position.
­
Maximum driving
hours. 66A. (1) No person shall drive a public service vehicle or a
1 of 1986, s. 19, commercial vehicle for more than a total of eight hours in any period
38 of 2012, s. 24. ­ of twenty-four hours.­

(2) Any person who contravenes or fails to comply with subsection


(1) shall be guilty of an offence and liable —

(a) on a first conviction, to a fine not exceeding fifty thousand


shillings, or to imprisonment for a term not exceeding twelve
months; and

(b) on each subsequent conviction, to a fine not exceeding


seventy thousand shillings or to imprisonment for a term not
exceeding two years, and the court shall order the suspension
of any driving licence held by the person for such period, not
being less than thirty days, as it may deem fit.

(3) Where a person is convicted for a second or subsequent offence


in respect of the same public service vehicle, the court shall exercise
the powers conferred by section 99 (2) by ordering the suspension of
the public service vehicle licence for the vehicle for such period, not
being less than thirty days, as it may deem fit.
Rev. 2012] Traffic CAP. 403 43

and in the case of a second or subsequent conviction in respect of the


same public service vehicle the court shall exercise the power conferred
by section 99 (2) by ordering the suspension of the public service vehicle
licence for that vehicle for a period of not less than thirty days. ­
Disqualification on
66B. Where - ­ third endorsement in
three years.
(a) a person is convicted of an offence in respect of which the 1 of 1986, s. 19.  ­
court may or shall order particulars of the conviction to be
endorsed on any driving licence held by him; and­
(b) that person has within the three years immediately preceding
the commission of the offence been convicted on not less
than two occasions of offences of which particulars of the
convictions have been ordered to be endorsed on any driving
licence held by him,­

the court shall exercise the power conferred by section 76 of cancelling


any driving licence or provisional driving licence held by the offender
and declaring the offender disqualified for holding or obtaining a
driving licence for such period of not less than six months as the court
thinks fit. ­
Penalties under this
67. (1) 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, 1 of 1986, s. 20,
where no penalty is specifically provided, on first conviction to a fine 38 of 2012, s. 25. ­
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.­

(2) Any court before which a person is convicted of any offence


under this Part (except an offence under section 52 (d), 52A or 52B),
shall in every case in addition to any other penalty specifically provided,
order particulars of the conviction to be endorsed on any driving licence
held by the person convicted. ­

Part VI - Regulation of Traffic­


Highway code.
68. (1) The Minister shall prepare a code (in this section referred 9 of 1967, Sch.  ­
to as the highway code) comprising such directions as appear to him to
be proper for the guidance of persons using roads, and may from time to
time revise the highway code by revoking, varying, amending or adding
to the provisions thereof in such manner as he thinks fit.

(2) The highway code and any alterations proposed to be made in


the provisions thereof shall be laid before the National Assembly, and,
if a resolution of the National Assembly is passed within thirty days of
their being so laid that such code be revoked or amended in accordance
44 CAP. 403 Traffic [Rev. 2012

with such resolution, such code shall be deemed to be revoked or


amended accordingly, but without prejudice to anything previously
done or suffered by virtue thereof.­

(3) A failure on the part of any person to observe any provisions of


the highway code shall not of itself render that person liable to criminal
proceedings of any kind, but any such failure may in any proceedings
(whether civil or criminal, and including proceedings for an offence
under this Act) be relied upon by any party to the proceedings as tending
to establish or to negative any liability which is in question in those
proceedings. ­

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 - ­

(a) to regulate all traffic and to keep order and prevent


obstruction in all roads, parking places and other places of
public resort;­

(b) to divert traffic temporarily, or to restrict or close and deny


public access to any road, parking place or other place of
public resort, where any emergency or any assembly or other
event appear to render advisable such a course. ­
Mounting of
69A. (1) The Inspector-General of the Police may, by notice in
roadblocks.
37 of 2012, s. 3. the Gazette, designate a place along a public road on which a police
roadblock may be mounted.

(2) A roadblock shall not be mounted in a place other than the


place designated under subsection (1), but may be mounted in a non-
designated place only in exceptional circumstances certified as such
by the Inspector-General or by an officer authorised on that behalf by
the Inspector-General.

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. ­

(1A) Without prejudice to the generality of subsection (1), a


highway authority shall cause to be placed on or near a road traffic
signs prescribing speed limits on the 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.­

(3) After the commencement of this Act, no traffic signs shall


Rev. 2012] Traffic CAP. 403 45

be placed on or near any road except under and in accordance with


subsections (1) and (2) of this section:­

Provided that - ­

(i) nothing in this subsection shall apply to any notice in


respect to the use of a bridge;­
(ii) a highway authority or police officer of or above the rank
of Inspector may authorize the erection of any traffic sign
for any special purpose for a period not exceeding seven
days, and such traffic sign shall be deemed to be lawful
even though it does not conform to the requirements of
this section.­

(4) All traffic signs shall be deemed to have been lawfully erected
until the contrary is proved.­

(5) A highway authority may, by notice in writing, require the


owner or occupier of any land on which there is any traffic sign or
any object which so closely resembles a traffic sign that it might
reasonably be taken to be such a sign to remove it, and if any person
fails to comply with such a notice the highway authority may effect the
removal, doing as little damage as may be, and may recover as a civil
debt recoverable summarily from the person so in default the expense
incurred in so doing:­

(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 -

(a) if the violation of the limit is by more than twenty kilometres


per hour; and

(b) the violation is repeated three or more different times.

(5B) A person who violates a speed limit prescribed for a road


under subsection (1A) by more than twenty kilometres per hour commits
an offence and shall be liable, on conviction, to imprisonment for a term
of not less than three months, or a fine of not less than twenty thousand
shillings, or both.

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. ­

(1A) The highway authority shall, except in the case of an


emergency, as may be determined by the authority, and by notice in
the Gazette and in at least two newspapers with national circulation,
give notice of the intention to close the road or any part thereof at least
seven days before the closure.

(2) It shall not be lawful for the driver or person in charge of a


vehicle to drive or haul the vehicle or cause it to be driven or hauled
over any bridge on or near which a conspicuous notice has been placed
to the effect that such bridge is insufficient to carry traffic in excess
of a specified weight, unless the gross weight of such vehicle and any
trailer attached thereto is less than the weight specified or unless he has
obtained the consent in writing of the highway authority.­

(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.­

Part VIA - Designated Parking Places­


Power to make by-laws
72A. (1) A local authority may, by by-laws - ­
for designated parking
places.
13 of 1968, s. 2. (a) designate parking places on roads, within its area of
20 of 1989, Sch.­ jurisdiction for vehicles or vehicles of any particular class
or description, having regard to both the interests of traffic
and the interests of owners and occupiers of adjoining
property;­
(b) prescribe the manner in which vehicles shall stand in or be
driven into or out of the designated parking place;­
(c) provide that a vehicle may not be left continuously in
the designated parking place for longer than a specified
period;­
Rev. 2012] Traffic CAP. 403 47

(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.­

(3) Notwithstanding anything to the contrary contained in any


written law, by-laws made by a local authority under subsection (1)
may provide for the use of clamps on motor vehicles parked elsewhere
than in a designated parking place. ­
Charges for use of
72B.  (1) There shall be paid to the local authority in respect designated parking
of a vehicle left in a designated parking place charges calculated in places.
accordance with this section or in such other manner as the local 13 of 1968, s. 2.
authority may by by-laws prescribe. ­ 14 of 1991, Sch.
48 CAP. 403 Traffic [Rev. 2012

(2) There shall be a prescribed standard period for each designated


parking place and, subject to this section, the amount of the charge for
a vehicle left in the parking place for a time not exceeding the standard
period, called the initial charge, shall be such amount, called the standard
amount, as may be prescribed, and the initial charge shall be payable
on the leaving of the vehicle in the parking place:­

Provided that__­

(i) if it is so prescribed, the initial charge for a vehicle for a


time not exceeding one-half of the standard period shall
be one-half of the standard amount; and­
(ii) where paragraph (i) has effect, and it is further so pre-
scribed, then, if before the end of the prescribed time a
further payment of one-half of the standard amount is
made, the two payments shall be treated as a single pay-
ment of an initial charge of the standard amount made
on the leaving of the vehicle.­

(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.­

(4) A parking meter of a type approved by the Minister shall be


provided for each space in a designated parking place, and shall be
erected as close to that space as is practicable; and - ­

(a) payment of the initial charge shall be made by the insertion


of coins in the parking meter and turning the handle of the
parking meter to its full extent so as to indicate the length
of time paid for;­
(b) subject to paragraph (c), if, at any time while a vehicle is
left in the parking place, the specified indication appears
in the parking meter for the space in which the vehicle is
left, it shall be presumed unless the contrary is proved that
the initial charge has been duly paid and that the period for
which payment was made by the initial charge has already
expired;­
(c) if it is proved that the time for which the vehicle has been
left in the parking place is less than the standard period, or
(where proviso (i) to subsection (2) has effect) less than half
the standard period, paragraph (b) shall not have effect but
it shall be presumed unless the contrary is proved that the
Rev. 2012] Traffic CAP. 403 49

initial charge has not been duly paid for the vehicle.­

(5) Notwithstanding anything contained in this section, a local


authority may, by by-laws, prescribe other methods for the payment of
parking fees in respect of a vehicle left in each designated parking place.­
Supplemental
72C. (1) Where an excess charge has been incurred in respect of a provisions regarding
vehicle, an inspector shall attach to the vehicle in a conspicuous position excess charge.
a notice, which shall contain the prescribed particulars. 13 of 1968, s. 2,
38 of 2012, s. 26.
(­ 2) Where a notice has been attached to a vehicle under subsection
(1), any person (other than the owner or driver of the vehicle or an
inspector) who removes the notice, except with the authority of the
driver, shall be guilty of an offence and liable to a fine not exceeding
ten thousand shillings.­

(3) Where an inspector has attached a notice to a vehicle under


subsection (1), the vehicle may remain left in the same space in the
parking place for a period of two hours from the time specified in the
notice, without becoming liable to pay a further excess charge, but at
the end of that period a further excess charge shall become payable. ­
Exceptions.
72D. Notwithstanding this Part-­
13 of 1968, s. 2.  ­

(a) a vehicle may be left in a space in a parking place without


payment of the initial charge if the parking meter for the
space does not show the specified indication:­

Provided that, the vehicle remains in the space after the


specified indication appears, it shall be treated for the purpose
of this Part as having been left in the space at the time the
specified indication appeared;­

(b) the following vehicles may be parked in a designated


parking place without payment of an initial charge or an
excess charge- ­

(i) police vehicles while on duty;­


(ii) ambulances while on duty;­
(iii) fire service vehicles while on duty;­
(iv) a vehicle waiting only for so long as is necessary to en-
able a person to board or alight from the vehicle;­
(v) a vehicle parked by reason of its breakdown for a period
not exceeding two hours;­

(c) a vehicle may be parked in a designated parking place


without payment of an initial charge or an excess charge
50 CAP. 403 Traffic [Rev. 2012

during such hours or days as may be prescribed as hours or


days during which no charges are payable under this Part:­
Provided that, a vehicle which remains in the parking place
after the end of those hours or days shall be treated for the
purposes of this Part as having been left in the parking place
immediately after the end of those hours. ­
Meters may be taken
72E.  (1) An inspector may place a cover bearing the words “Meter
out of use.
13 of 1968, s. 2.
Out of Use” over any parking meter or parking meter case in or adjacent
to a designated parking place__

(­ a) if the parking meter is out of order or has been removed;­


(b) for the purpose of facilitating the movement of traffic or
promoting its safety;­
(c) for the purpose of any building operation, demolition or
excavation adjacent to the parking place or the maintenance,
improvement or reconstruction of the parking place, or the
laying, erection, alteration or repair in or adjacent to the
parking place of any sewer or of any main, pipe or apparatus
for the supply of water or electricity or of any telegraphic
line or other public utility service;­
(d) for the convenience of occupiers of premises adjacent to the
parking place on the occasion of the removal of furniture,
otherwise than by way of trade; or­
(e) on any occasion on which it is likely by reason of some
special attraction that any road will be thronged or
obstructed.­

(2) Where a parking meter for a space in a parking place bears a


cover bearing the words “Meter Out of Use”, no vehicle shall be left
in that space. ­

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 - ­

(i) the owner of the vehicle shall not be guilty of an offence


if he proves that the vehicle was being driven without
his permission; and­

(ii) where the owner of a vehicle has been convicted of an


offence under this subsection, the driver of the vehicle
shall not be convicted of such an offence in respect of the
same act or omission, and, where the driver of a vehicle
has been convicted of an offence under this subsection,
the owner of the vehicle shall not be convicted of such
an offence in respect of the same act or omission.­

(2) In subsection (1), “driver”, in relation to a vehicle, means


the person who was driving the vehicle at the time it was left in the
designated parking place.­

(3) Where, in a prosecution for an offence under this Part, it is


proved that the charge which has become due, or any part of that charge,
has not been duly paid, the court, in addition to or instead of imposing a
penalty in respect of the offence, shall order the payment of the money
not paid, and any sum ordered to be so paid shall be recoverable as a
penalty.­

(4) Any person who, whether he is the driver of a vehicle or not,


contravenes any by-laws made under this Part, otherwise than in the
manner specified in subsection (1), shall 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.­
52 CAP. 403 Traffic [Rev. 2012

(5) Any person who - ­

(a) wilfully damages a parking meter or its case or stand; or­


(b) with intent to defraud, interferes with a parking meter,
or operates or attempts to operate a parking meter by the
insertion of anything other than a coin of the appropriate
denomination; or­
(c) without the authority of the local authority, paints, marks or
otherwise disfigures a parking meter or its case or stand; or­
(d) without the authority of the local authority, uses a parking
meter or its case or stand for the purpose of advertisement,­

shall be guilty of an offence and liable to imprisonment for a term not


exceeding three months or to a fine not exceeding two thousand five
hundred shillings or to both.­

(6) In a prosecution for an offence under this section, it shall be


assumed unless the contrary is shown that any apparatus in or adjacent to
a designated parking place, being an apparatus operated by the insertion
of coins, is a parking meter of a type approved under section 72B­(4).

(7) Where in a prosecution for an offence under this section of


failing to pay an excess charge it is not proved that the excess charge
had become due, but it is proved that the initial charge had not been
paid, the accused person may be convicted of an offence under this
section of failing to pay the initial charge.­

(8) Where a parking meter relating to the space in which a vehicle


is left in a parking place indicates that the period for which payment
made for the vehicle by the initial charge has expired, and the local
authority by whom the parking place is controlled is satisfied that that
initial charge was not paid, acceptance by the local authority of payment
of the excess charge shall be a bar to prosecution for an offence under
this section of failing duly to pay the initial charge. ­

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.­

Interpretation of this 72I. In this Part - ­


Part.
13 of 1968, s. 2.  ­ “excess charge” means the charge called an excess charge in
section 72B (3) (including an excess charge payable in the circumstances
described in section 72C (3);­

“initial charge” means the charge called an initial charge in


Rev. 2012] Traffic CAP. 403 53

section 72B (2);­

”inspector” means a person appointed by the local authority as


an inspector for the purposes of this Part;­

“parking meter” means a parking meter within the meaning of


section 72B (4);­

“parking place” means a parking place designated by by-laws


under section 72A (1);­

“prescribed” means prescribed by by-laws made under section


72A (1);­

“specified indication” means the device contained in a parking


meter the appearance of which shows that the time for which a vehicle
may be parked in a space in a parking place has expired. ­

Part VI B - Parking Elsewhere Than in Designated


Parking Places ­

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;­

(b) by by-laws provide in relation to such parking places for any


matter Which under section 72A (1) may be provided for in
relation to designated parking places (other than the matter
mentioned in paragraph (e) of that subsection), and impose
charges for the use of parking places so provided and provide
penalties for the contravention of the by-laws,­

and subsection (2) of that section shall apply in respect of any such
by-laws. ­

Part VII - Accidents­

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.­

(3) If in the case of any such accident as aforesaid the driver of


the motor vehicle for any reason does not give his name and address to
any such person as aforesaid, or if any injury has been caused to any
person, dog or cattle, the driver shall report the accident at a police
station or to a police officer as soon as reasonably possible, and in any
case within twenty- four hours of the occurrence thereof.­

(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.­

Part VIII - Suspension, Cancellation and Endorsement of


Driving Licences­

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 - ­

(a) if the person convicted holds a driving licence or provisional


driving licence, suspend the licence for such time as the
court thinks fit, or cancel the licence and declare the person
convicted disqualified for obtaining another licence for a
stated period;­
(b) if the person convicted holds a driving licence, suspend the
licence until such time as the person passes a driving test
under section 39;­
(c) if the person convicted does not hold a driving licence or
provisional driving licence, declare him disqualified for
Rev. 2012] Traffic CAP. 403 55

obtaining a licence for a stated period;­


(d) limit any suspension, cancellation or disqualification
imposed under this section to the driving of a motor vehicle
of the same class or description as the vehicle in relation to
which the offence was committed;
(e) without prejudice to section 67 (2) if the person convicted
holds a driving licence, order that particulars of the conviction
be endorsed thereon.­

(2) In any case where a court disqualifies a person for obtaining


a driving licence until he has passed a driving test, a licensing officer
shall issue such person on application and on payment of the prescribed
fee with a provisional driving licence.­

(3) An order disqualifying a person for obtaining a driving licence


shall be deemed to be an order disqualifying him for obtaining either a
driving licence or a provisional driving licence. ­

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.

­(2) On the application of any person for a new driving licence


endorsed in respect of any class or classes of motor vehicles in respect
of which the applicant’s licence has been cancelled, the licensing officer
shall treat such person as if he were applying for a driving licence in
respect of such class or classes of motor vehicles for the first time, and
shall in no circumstances issue him with a driving licence until he has
passed the prescribed test.­

(3) Notwithstanding the provisions of paragraph (a) of subsection


(1) of section 31, the possession of a driving licence or certificate of
competency issued by a competent authority shall not, in any case,
exempt an applicant for a driving licence from passing the prescribed
driving test, if such applicant has been disqualified for holding or
obtaining a driving licence. ­

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. ­

(2) A person to whom subsection (1) applies shall, before the


hearing, be served by a police officer, either personally or by registered
post, with notice in such form as may be prescribed informing him of
the provisions of this section.­

(3) At the time when a person to whom subsection (1) applies is


charged with the offence, a police officer in uniform may demand from
that person any driving licence or provisional driving licence which he
holds and if the licence is delivered the police officer shall deliver it to
the court by which the charge is to be heard.­

(4) A person who fails to comply with subsection (1), unless he


shows good cause to the contrary, shall be guilty of an offence and liable
forthwith by order of the court to a fine of five thousand shillings or to
imprisonment for a term not exceeding one month.­

(5) Without prejudice to subsection (4), a person who fails to


comply with subsection (1) and who is convicted before any court of an
offence in connexion with the driving of a motor vehicle shall, if he holds
a driving licence or provisional driving licence, produce such licence
within such time as the court may direct for the purpose of endorsement.­

Custody of licence 80.  (1) Where a court orders particulars to be endorsed on a


while suspended or driving licence or provisional driving licence held by any person, or
cancelled.  ­ where by a conviction or order of a court such a licence is cancelled,
33 of 2012, s. 62. the court shall send notice of this conviction or order to the Authority
and, in a case where a person’s licence is cancelled, shall also on the
production of the licence for the purpose of endorsement retain it and
forward it to the Registrar. ­

(2) Where the suspension, cancellation or disqualification to which


a person has become subject is limited to the driving of a motor vehicle
of a particular class or description, the Registrar to whom that person’s
licence has been forwarded under this section shall forthwith after the
receipt thereof issue to that person a new licence on which there shall
be indicated in the prescribed manner the class or description of vehicle
which the holder of the licence is thereby authorized to drive. ­

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.­

82.  On the issue of a driving licence or provisional driving licence Particulars of


endorsement to
to any person, the particulars endorsed on any previous licence held by
be inserted in new
him shall be inserted in the new licence, unless he has previously become licence.  ­
entitled under section 84 to the issue of a licence free from endorsement.­
Applying for licence
83.  If any person whose driving licence or provisional driving without disclosing
licence has been ordered to be endorsed, and who has not previously endorsement.
become entitled under section 84 to have a licence issued to him free
38 of 2012, s. 31.
from endorsement, applies for or obtains a licence without giving
particulars of the order, he shall be guilty of an offence and liable to a fine
not exceeding ten thousand shillings or to imprisonment for a term not
exceeding six months; and any licence so obtained 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: ­

Provided that in reckoning the said period of three years any


period during which the person was by virtue of the order disqualified
for holding or obtaining a permit shall be excluded. ­

Part IX - Offences by Drivers of Vehicles other than Motor


Vehicles and other Road Users ­

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. ­

(2) No person shall carry on a bicycle a load which because of


its size or the manner in which it is carried is likely to be a danger to
other persons using a road.­

(3) Any person contravening the provisions of this section shall


be guilty of an offence and liable to a fine not exceeding two thousand
shillings. ­

 ­Part X - Miscellaneous Provisions as to Roads ­

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.­

(2) No person shall do any of the following on a road - ­

(a) wilfully or negligently lead or drive any animal or vehicle


on a footpath or in a road drain;­
(b) play any games to the annoyance, inconvenience or danger
of persons using the road;­
(c) wilfully obstruct the free passage of persons or vehicles
passing along the road;­
(d) drive or conduct any vehicle drawn by animals without
having reins to guide the animals, unless a person leads the
animals in such a manner as to have proper control over
them;­
Rev. 2012] Traffic CAP. 403 59

(e) when driving a vehicle, sleep whilst such vehicle is in


motion;­
(f) permit any cattle to be at large without being under such
efficient control as to prevent their damaging the road;­
(g) outspan any animals from a wagon or cart. ­

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,­

shall be guilty of an offence.­

(2) It shall be lawful for the highway authority to remove anything


whatsoever which has been placed or erected on a road or land reserved
therefor in contravention of this section. ­

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: ­

Provided that this subsection shall not apply - ­


60 CAP. 403 Traffic [Rev. 2012

(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.­

(2) No person shall use or cause or permit to be used on any road


any ox-drawn vehicle not fitted with pneumatic tyres except on a road
set aside for ox-drawn vehicles or on a road where no alternative road
in a reasonably usable condition exists for ox-drawn vehicles.­

(3) No person shall use or cause or permit to be used on any road


which has a bituminous surface any vehicle the wheels of which are
fitted with non-skid chains or any device of a similar kind for a similar
purpose. ­

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. ­

94.  Any person who contravenes or fails to comply with any of


Penalties under this
the provisions of this Part shall be guilty of an offence and liable to a
Part.
5 of 1971, s. 3, fine not exceeding five thousand shillings.­
38 of 2012, s. 37. ­
Part XI - Public Service Vehicles­

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 - ­

(a) on first conviction to a fine not exceeding five thousand


shillings or to imprisonment for a term not exceeding six
months or to both;­
(b) on second or subsequent conviction, to a fine not exceeding
Rev. 2012] Traffic CAP. 403 61

ten thousand shillings or to imprisonment for a period no


exceeding one year or to both. ­

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.­

(3) No public service vehicle licence shall be issued in respect


of any motor vehicle - ­

(a) other than to the registered owner of such vehicle;­


(b) which is not registered and licensed under Parts II and III;­
(c) which does not comply with the provisions of this Act as to
construction, equipment and use;­
(d) which is intended to be used as an omnibus, unless the owner
of such vehicle is in possession of a valid road service licence
in respect thereof issued under the Transport Licensing Cap. 404.
Act and unless such vehicle complies with any conditions
attached to such licence;­
(e) which is intended to be used as a taxicab, unless such vehicle
has been registered as a taxicab under any by-laws in force
in a municipality or township;­
(f) unless a certificate authorizing the issue of such a licence is
granted to the applicant by a police officer of or above the
rank of Assistant Superintendent, who shall certify that the
applicant is a fit and proper person to hold such a licence;
or­
(g) which has not previously been so licensed, or the
construction of which has been altered or modified in any
way since it was last so licensed, and which is intended
to be used as an omnibus, unless the owner of the vehicle
has obtained in respect thereof a certificate of fitness in the
prescribed form signed by the certifying officer, and has paid
the prescribed fee;­
(h) which is intended to be used as a matatu unless the vehicle
has been inspected by an authorized officer appointed
under subsection (3) of section 3 and has complied with the
provisions of this Act with regard to construction, equipment
and use. ­

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 :­

Provided that, where a period is so prescribed, a licence issued


before the period is prescribed shall not be invalid solely by reason that
the period for which it was issued is different from that prescribed.­

(3) Where any public service vehicle licence is cancelled or


withdrawn for any reason during the period of its validity, no refund
of licence fee shall be made in respect of the unexpired period of the
licence.­

(4) Every licence issued under this section shall be carried on the
vehicle to which it relates in the prescribed manner.­

(5) A public service vehicle licence shall not be transferred or


assigned to any other person or vehicle.­

(6) Whenever the holder of any public service vehicle licence


ceases to be the owner of the vehicle specified in the licence, he shall
forthwith return the licence to the Authority, and the vehicle shall from
the date of such change of ownership cease to be licensed as a public
service vehicle.­

(7) If any public service vehicle licence is lost, or becomes


illegible, the owner of the vehicle to which such licence relates shall
where the licence is illegible forthwith apply to the Authority in
the prescribed form for a duplicate thereof and shall return it to the
Authority; the Authority shall, on payment of the prescribed fee, issue
a duplicate licence; and where any public service vehicle licence which
has been lost is subsequently found, the holder of a duplicate public
service vehicle licence issued under this subsection shall forthwith
deliver up to the Authority such duplicate. ­

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.­

(2) A person shall not be disqualified for obtaining a licence to


Rev. 2012] Traffic CAP. 403 63

drive, or a licence to act as the conductor of, a public service vehicle


unless he is, in the case of a licence to drive, over the age of twenty-
four years, and, in the case of a licence to act as a conductor, over the
age of eighteen years.­

(3) Upon application being made in the prescribed manner and in


the prescribed form, the Authority, if it is satisfied that the information
given in the application form is correct, and that the applicant - ­

(a) for a public service vehicle driver’s licence is the holder of


a valid driving licence in respect of that class or classes of
vehicles for which a public service vehicle driver’s licence
is required; and­
(b) is not disqualified under any Act from holding or obtaining a
driving licence, public service vehicle driver’s or conductor’s
licence as the case may be; and­
(c) fulfils and complies with such other conditions as may be
prescribed and is not disqualified by reason of age,­

shall, upon payment of the prescribed fee, issue such licence:­

Provided that no licence to drive or act as the conductor of a public


service vehicle shall be issued to any person unless such person has
been granted a certificate by a police officer not below the rank of
Assistant Superintendent to the effect that he is a fit and proper person
to hold such a licence.­

(4) A licence to drive, or a licence to act as the conductor of, a


public service vehicle shall be valid for one year from the date of issue
unless it is previously cancelled, suspended or revoked under this Part;
and, where any such licence is cancelled, suspended or revoked for
any reason, no refund of licence fee shall be payable in respect of any
unexpired period of the licence.­

(5) A person licensed as a driver or conductor of a public service


vehicle shall not drive or act as a conductor of such vehicle on a road
without wearing the prescribed badge:­

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.­

(6) In the event of any public service vehicle driver’s or


conductor’s licence or badge becoming lost or rendered illegible, the
holder thereof shall forthwith apply to the Authority in the prescribed
64 CAP. 403 Traffic [Rev. 2012

form, which shall be accompanied by the prescribed fee, for a duplicate


thereof.­

(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. ­

(2) Any court before which a person is convicted of any offence


under this Part, or any offence relating to the construction, equipment,
condition or use of a public service vehicle, may - ­

(a) if the person convicted holds a licence issued under this


Part, cancel such licence and declare the person convicted
disqualified for holding or obtaining another such licence
for a stated period, and any licence so cancelled shall be
surrendered to the court, which shall forward it to the
Registrar;­
(b) if the person convicted is not the holder of any licence
under this Part, declare him disqualified for obtaining such
a licence for a stated period, and shall in such case notify
the Registrar of such order,­

and shall -

­(i) if the person convicted holds a licence to drive or act as


the conductor of a public service vehicle, endorse the
details of such conviction on the licence within such time
as the court may direct for the purpose of endorsement;­

(ii) if the person convicted is not the holder of such a licence,


order the Registrar to endorse such details on any such
licence subsequently issued to such person.­

(3) Any person aggrieved by the refusal or failure to grant or by


the suspension or cancellation of a licence under this Part or by any
limitation imposed thereon by the Registrar or by a police officer may
appeal in writing to a subordinate court of the first or second class, whose
decision shall be final, and any such licence shall continue in force
during the period of its validity until the appeal has been disposed of. ­
Rev. 2012] Traffic CAP. 403 65

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 such determination shall have regard to the


provisions of this Act with regard to construction, seating capacity
and weight.

­(2) If any public service vehicle carries more persons, baggage


or goods than it is licensed to carry, the driver, the conductor and the
owner of such vehicle commits an offence each and shall be liable, upon
conviction, to a fine not exceeding twenty thousand shillings and an
additional amount of five thousand shillings for each person in excess
of the licensed capacity.

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.­

(2A) In the case of a second or subsequent offence against


subsection (2) in respect of a public service vehicle within one year of
conviction for a previous offence against subsection (2) in respect of the
same vehicle, the court shall exercise the power conferred by section
99 (2) by ordering the suspension of the public service vehicle licence
for that vehicle for a period of no less than thirty days.­

(2B) If, in the opinion of a police officer in uniform, subsection


(2) is being contravened, he may order - ­

(a) any person who appears to him to be an excess passenger


off the public service vehicle; or­
(b) the driver, conductor or owner of the public service vehicle
to remove any excess baggage or goods.­

(2C) If a person refuses or delays or fails to comply with an order


by a police officer in uniform under subsection (2B), he shall be guilty
of an offence and liable, whether or not he is in addition liable to any
penalty for contravening subsection (2) or (3), to a fine not exceeding
five hundred shillings or to imprisonment for a term not exceeding one
month.­

(3) No person who is requested by the owner, driver or conductor


of a public service vehicle not to enter the vehicle shall enter or attempt
to enter the vehicle when it is carrying the full number of persons it is
66 CAP. 403 Traffic [Rev. 2012

licensed to carry; and any person disobeying such a request shall be


guilty of an offence and liable to a fine of not less than two hundred
shillings and not exceeding five hundred shillings.­

(4) For the purposes of this section - ­

(a) “owner” includes any person acting as manager or managing


agent of the vehicle (under whatever name or title) on behalf
of or under any arrangement with the owner; and if subsection
(2) is contravened that person and the actual owner are each
liable;­­

(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. ­

(2) Where a fare is recoverable under subsection (1), it shall be


the duty of the person who received the fare to repay it to the passenger
on demand; and any person failing so to repay a fare shall be guilty of
an offence and liable to a fine not exceeding ten thousand shillings in
addition to being ordered to repay the fare, and the amount of the fare
shall be recoverable as a fine.­

(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

(2) No person shall own, drive or be in charge of any taxicab


unless such vehicle is painted in such colour or colours or is permanently
marked in such manner as may be prescribed, and no vehicle, not being
a taxicab, shall be painted or marked in the manner prescribed for a
taxicab.­

(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:­

Provided that this subsection shall not apply to any taxicab in


respect of any journey which is wholly within the boundaries of the
municipality or township in which it is registered.­

(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.­

(5) No person shall drive or permit to be used a public service


vehicle in a dirty or neglected condition. ­
Touting.
103.  (1) No person shall, for the purpose of obtaining passengers 1 of 1986, s. 25,
for any public service vehicle, make any noise or sound any instrument, 11 of 1993, sch.,
or do anything which causes or is likely to cause annoyance, 38 of 2012, s. 39.
inconvenience or danger to the public.

­(2) A person who contravenes or fails to comply with this


section shallbe guilty of an offence and liable, for 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 not exceeding twelve months, and in
addition, the court may order confiscation of the instrument by which
the offence was committed.
Uniforms and special
103A. (1) Every driver and every conductor of a public service badge.
vehicle shall wear a special badge and uniform. 37 of 2012, s. 7.

(2) The uniform referred to in subsection (1) shall be prescribed


by the Registrar of Motor Vehicles and 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 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

and upon payment of the prescribed fee.

(4) 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 the holder of a certificate of
good conduct issued by the relevant authority.

(6) Every conductor or driver of a public service vehicle shall only


take up employment as such upon being vetted pursuant to subsection
(5) and shall be paid a permanent monthly salary by the owner of the
public service vehicle.

(7) A person who contravenes or fails to comply with the


provisions of this section commits an offence and shall be liable, upon
conviction, to imprisonment for a term not exceeding twelve months,
or to a fine of not less than ten thousand shillings, or both.

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.

(4) For the purposes of this section, 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.

(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.

(5A) The registered owner of a motorcycle shall ensure that any


person who rides the motorcycle has a valid driving licence issued in
accordance with the provisions of this Act.

(6) For the purpose of this section, "ride" means to operate,


manage or to be in control of a motor cycle.

(7) A person who contravenes or fails to comply with the


provisions of this section commits an offence and is liable to a fine
Rev. 2012] Traffic CAP. 403 69

not exceeding ten thousand shillings or, in default of payment, to


imprisonment for a term not exceeding twelve months.

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.

(2) The driver of a public service vehicle who lets an unauthorised


person drive the vehicle commits an offence.

(3) A person who is convicted of an offence under this section


shall be liable to imprisonment for a term not exceeding three years, or
a fine not exceeding one hundred thousand shillings.
Penalties under this
104.  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, 1 of 1986, s. 26,
where no penalty is specifically provided, to a fine of not less than ten 11 of 1993, Sch.,
thousand shillings and not more than twenty thousand shillings.­ 38 of 2012, s. 40.

Part XII - General

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.

(b) to drive any vehicle or cause any vehicle to be driven;­

(c) upon reasonable suspicion of any offence under this Act,


to order and require the owner of any vehicle to bring the
vehicle to him,­

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.­

105A. (1) A driver of a public service vehicle or a commercial Driver of a public


service vehicle to
vehicle shall, after every three years from the date of issue of a driving
undergo fitness test.
license pursuant to section 30, or renewal of such license, whichever is 38 of 2012, s. 42.
the case, undergo a physical fitness test, including an eye and hearing
70 CAP. 403 Traffic [Rev. 2012

test by a qualified medical practitioner.

(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. ­

(2) Where under subsection (1) it is considered necessary to have


a vehicle towed, transported, driven or otherwise removed, or where it is
considered necessary to carry out emergency repairs or to adjust or off-
load any part of the load of such vehicle, any expense incurred thereby
shall be payable by the owner of the vehicle, and no such vehicle shall
be released from the police station or other place of safety until either -­

(a) such expenses have been paid to the person to whom they
are due; or­

(b) such person certifies in writing that he is willing to allow


the vehicle to be removed before he receives such expenses
due to him.­

(3) A police officer or inspector who orders the removal of a


vehicle under this section shall not be held liable for any damage to or
loss of any item from such vehicle during its removal to or detention
at a police station or other place of safety.­

(4) Any police officer, licensing officer or inspector, if he is of the


opinion that any vehicle is being used in contravention of section 55 or
section 56 or in contravention of any rules relating to the construction,
use and equipment of vehicles, may by order prohibit the use of such
vehicle, under such conditions and for such purposes as he may consider
necessary for the safety of the public or to ensure that such vehicle does
comply with the provisions of section 55 or 56; and any such order shall
Rev. 2012] Traffic CAP. 403 71

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.­

(4A) Where a police officer, licensing officer or inspector makes


an order under subsection (4) he may remove the vehicle identification
plates and the vehicle licence and, if he does so, shall deliver them to
the Authority to be kept while that order remains in force.­

(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.­

(6) Any order issued under this section shall be in writing.­

(7) Where any vehicle is required to be examined and tested for


the purpose of being certified as complying with the provisions of this
Act, the fee, if any, shall be paid by the owner of the vehicle.­

(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

therein set forth.­

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.­

Owner to keep list of


111.  (1) Any person who employs any other person to drive a
drivers employed. motor vehicle shall keep a written record of the name, address and
1 of 1986, s. 29, driving licence number of such other person. ­
38 of 2012, s. 44.
(2) Such record shall be preserved for a period of six months after
the date when such person ceases to be employed as a driver, and shall
be made available to any police officer on demand.­

(3) Any person who fails to comply with the provisions of


subsection (1) shall be guilty of an offence and liable to a fine not
exceeding ten thousand shillings. ­

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. ­

(2) A police officer may take possession of any licence, document,


plate or mark relating to any suspected offence under this section. ­
Endorsements of
115.  Notwithstanding any provisions to the contrary in any
licence to be proof of
conviction.  ­
Act contained, it shall be lawful for a court to accept the particulars
of endorsements on any licence issued in compliance with this Act
Rev. 2012] Traffic CAP. 403 73

as prima facie evidence of previous convictions recorded against the


holder thereof.­

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;­

(ii) failure to comply with this requirement shall not be a


bar to the conviction of the accused in any case where
the court is satisfied that the name and address of the
accused could not with reasonable diligence have been
ascertained in time for such notice to be served as afore-
said, or that the accused by his own conduct contributed
to the failure.­

(2) Such notice as aforesaid shall for all purposes be regarded as


a summons issued under the Criminal Procedure Code.­ Cap. 75.

(3) A copy of such notice as aforesaid shall be placed before the


court by which the charge is to be heard before the time fixed for such
hearing. ­

117.  (1) The Minister may prescribe - ­ Minor traffic


offences.
(a) a schedule of minor traffic offences (in this section referred 52 of 1959. s. 11,
to as the scheduled minor offences) which may be dealt with L.N. 242/1964,
and prosecuted in accordance with the provisions of this 1 of 1986, s. 31. ­
section, and may for the purposes of this section prescribe
a statutory maximum penalty, which shall not exceed the
penalty prescribed for such offence by this Act, for any
of the scheduled minor offences to be so dealt with and
prosecuted; and­
74 CAP. 403 Traffic [Rev. 2012

(b) a form of police notification of a traffic offence for use


under this section.­

(2) Subject to this section, any statutory maximum penalty


prescribed under subsection (1) shall, notwithstanding that any other
penalty may be prescribed by this Act, have effect for offences dealt
with under this section.­

(3) Notwithstanding any provision contained in this or any other


Act, it shall be lawful for any police officer to serve, either personally
or by affixing the same prominently to the vehicle concerned, upon
the owner or person in charge of any motor vehicle who is reasonably
suspected of having committed any of the scheduled minor offences, a
police notification of a traffic offence in the prescribed form charging
such person with having committed the offence or offences indicated
in the notification and requiring such person to attend court to answer
such charge or charges, at such time (which if the police notification
is served personally on the owner or person in charge of the motor
vehicle, may be within forty-eight hours of such service; or if the police
notification is affixed prominently to the vehicle concerned, shall not
be sooner than seven days after the date of such service) as is shown
on such notification.­

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.­

(5) The court may, on receipt of a plea of guilty, proceed to


conviction and may, after considering any mitigating circumstances
stated in writing or personally by the accused, pass a sentence imposing
the statutory maximum penalty or remitting the penalty in whole or in
part and direct that a refund of the whole or of any portion of the penalty
remitted to be made to the accused.­

(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.­

(7) A copy of the notification shall be placed before the court by


which the charge is to be dealt with at the time fixed for the attendance
of the accused to answer the charge, and, unless the court otherwise
directs, such copy may be used as a charge sheet.­

(8) If any person having been served with a notification issued


under this section fails either to attend the court on the day and at the
time specified in such notice or to plead guilty and pay the statutory
maximum penalty in the manner indicated before such day, he may be
brought before the court either by summons or by warrant and, unless
he shows good cause to the contrary, shall be guilty of an offence and
liable forthwith by order of the court to a fine not exceeding two hundred
shillings or to imprisonment for a term not exceeding one month.­

(9) (a) If any person, other than an authorized person, removes


from a vehicle a police notification of a traffic offence which
has been affixed thereto by a police officer in pursuance of
this section, or any portion of such notification, or tears or
defaces the same, he shall be guilty of an offence and liable
on first conviction to a fine not exceeding two hundred
shillings, and on each subsequent conviction to a fine not
exceeding five hundred shillings or to imprisonment for a
term not exceeding three months.­
(b) In this subsection, “authorized person” means the owner or
person in charge of the vehicle or any person authorized by
the owner to remove the notification.­

(10) Any owner or person in charge of a vehicle who finds affixed


thereto a police notification of a traffic offence which appears to have
been torn or defaced so that it is not fully legible shall within two days
report, either in writing or personally, to the police station of the area
in which the notification was found, and if he fails so to report he shall
be guilty of an offence and liable to a fine not exceeding one hundred
shillings. ­

117A. The Inspector-General of the Police shall cause to be Preparation of


prepared a document showing the offences set out in this Act and their summary document.
respective penalties, in a summary form, and the document shall be 37 of 2012, s. 8.
made available to all law enforcement officers for purposes of enforcing
this Act.
76 CAP. 403 Traffic [Rev. 2012
Assignment of 117A. (1) Subject to subsection (2), where a person is convicted
demerit points on of an offence specified in the Schedule, the court may, in addition to
conviction for certain any penalty, order —
offences.
38 of 2012, s. 47.
(a) that the demerit points specified in that Schedule in relation
to the offence be recorded against any license held by that
person; and

(b) that the person be disqualified in accordance with subsection


(4).

(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.

(3) Where a person is served with a prescribed notice under section


117 in respect of an offence to which that section relates, and pays the
maximum penalty in accordance with that section—

(a) the number of demerit points specified in the Schedule shall


be recorded; and

(b) the police shall record in respect of that person —

(i) details of the offence committed;

(ii) the date on which the maximum penalty was paid;

(iii) the number of demerit points specified in the schedule


in relation to that offence; and

(iv) as of that date, the total number of demerit points re-


corded against the licence of that person.

(4) Where the demerit points accumulated by a person total to—

(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;

(c) twenty or more, that person shall be disqualified from


holding or obtaining a driver's licence for a period of two
years.
Rev. 2012] Traffic CAP. 403 77

(5) Where demerit points have been recorded against a person's


licence under this section, and for a period of three years after the date
of the latest recording no further demerit points are recorded, the demerit
points shall be expunged from the records:

Provided that in calculating the period of three years, no account


shall be taken of any period of disqualification pursuant to subsection
(4), or by virtue of an order of the court under any other provision of
this Act.

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 -

(a) for a first offence, to a fine not exceeding ten thousand


shillings;­

(b) for a second or subsequent offence, to a fine not exceeding


twenty thousand shillings or to imprisonment for a term not
exceeding three months or to both.­

(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.­

(3) The procedure for the making, approval and publication of


Cap. 265.  ­ by-laws made under subsection (1) and subsection (2) 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.­

(4) In this section, “controlling” includes regulating, inspecting,


supervising and licensing. ­
Rules.
39 of 1956, Sch., 119.  (1) The Minister may make rules prescribing - ­
L.N. 242/1964,
5 of 1971, s. 6, (a) anything required by this Act to be prescribed;­
19 of 1982, Sch., (b) the forms to be used for any purposes of this Act;­
1 of 1986, s. 32.,
33 of 2012, s. 62. (c) the weight of goods and passengers, the number of
passengers which vehicles may carry, the method by which
seating capacity is to be determined and the gross weight
of vehicle­;
(d) the weight and size of vehicles which may be permitted on
any class of road and the manner in which, if at all, vehicles
whose weight or size is in excess of the prescribed maximum
weight or size may be allowed to use any road;­
(da) devices to be fitted to any class or type of vehicle for
restricting their speed to a specified speed (and different
devices and different speeds may be prescribed for different
classes or types of vehicles);­
(db) tachographs or other instruments for recording their speed
and other details of their operation to be fitted to any class
or type of vehicle;­
(dc) the standards for or inspection, approval, calibration
or testing of devices, tachographs or other instruments
prescribed under paragraphs (da) or (db);­
(e) the construction of, and equipment to be carried by, any
class of vehicle, and in particular the type of tyres lights and
warning instruments to be carried by any class of vehicle, and
any restriction in the carrying or use of lights, and warning
instruments;­
(ea) by reference to shape, construction or any other qualities,
types of helmet or head-dress which may or must be worn
as affording protection to persons on or in motor-cycles, or
motor-cycles of different classes or descriptions, from injury
Rev. 2012] Traffic CAP. 403 79

in the event of accident, and prohibiting the manufacture or


sale of helmets or head-dresses which do not comply with
such rules;
(eb) subject to such exceptions as may be prescribed, the
wearing of seat belts of such description as may be prescribed
by persons who are driving or riding in any class or type of
vehicle (and different rules may be prescribed for different
classes or types of vehicles);­
(ec) the standards for, construction of or approval of seat belts
prescribed under paragraph (eb);­
(f) the carrying on any class of vehicle of any special
identification plates, and the fees to be charged for such
plates;­
(fa) the carrying on any class of vehicle of reflecting triangles
for the purpose of section 53 (3) and the construction of,
standards for, approval or supply and fees to be charged for
such triangles;­
(g) all matters relating to the inspection, registration, licensing,
regulation and control of vehicles and to the conditions which
may be imposed in regard thereto;­
(ga) all such matters relating to the regulation of establishments
or persons engaged in teaching for gain the driving of
motor vehicles as the Minister may deem necessary for the
proper control of such establishments or persons, including
the grant, revocation or variation of licences and appeals
relating thereto, the testing of instructors, the inspection of
vehicles and premises, and the fees payable for any of the
above matters;­
(h) the regulation of the conduct of drivers and conductors of
public service vehicles, and the wearing by them of special
badges and uniforms, and the fees to be paid for any badges
provided by an authority;­
(i) conditions of service and hours of work for persons employed
by owners of public service and commercial vehicles;­
(ia) the records to be kept by the drivers of any class or type of
vehicle (and different rules may be prescribed for different
classes or types of vehicles);­
(j) the regulation of the carriage of luggage and goods on public
service vehicles;­
(k) the rules of the road, and the signals to be given and obeyed
by the drivers of vehicles;­
(ka) all such matters as the Minister may deem necessary for
the establishment on roads, and the regulation of the use of,
crossings for foot passengers, including the indication of
80 CAP. 403 Traffic [Rev. 2012

such crossings by marks or devices on or near roadways or


otherwise, the precedence of vehicles and foot passengers
respectively, and generally with respect to the movement of
traffic (including foot passengers) at and in the vicinity of
such crossings;­
(l) the procedure to be adopted and the conditions to be observed
in connexion with the issue of documents necessary for
international travel, and the use of such documents in Kenya;­
(m) the conditions on which motor vehicles licensed outside
Kenya may be used within Kenya and on which persons
holding driving licences or permits issued outside Kenya
may be allowed to drive within Kenya;­
(n) measures for controlling or prohibiting the movement of
vehicles of any specified class or description between the
hours of 6.45 p.m. and 6.15 a.m.;­
(o) measures for controlling or prohibiting the use of vehicles
of any specified class or description on any sea beach or
foreshore or other place to which the public have access;­
(p) measures for generally restricting or regulating the use of
vehicles in such manner as the circumstances and safety on
the roads may appear to him to require, and for the further,
better or more convenient carrying out of any provisions of
this Act;­
(q) the penalties which may be imposed for the breach of such
rules not exceeding- ­

(i) in the case of a first conviction, a fine not exceeding two


hundred thousand shillings or imprisonment for a term
not exceeding two years or both;­
(ii) in the case of a second or subsequent conviction, a fine
not exceeding four hundred thousand shillings or im-
prisonment for a term not exceeding four years or both.­

(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. ­

120.  The Minister may, by notice published in the Gazette,


Power to suspend
suspend, restrict or limit the application of any of the provisions of this
and exempt from
provisions.
Act or of any subsidiary legislation made thereunder, either generally
L.N. 242/1988, or in respect of any particular class or classes or description of vehicle,
8 of 1968, Sch.  ­ for such period and subject to such conditions as he may think fit, and,
similarly, may exempt any vehicle or any class or classes or description
of vehicle from all or any of such provisions.­
Rev. 2012] Traffic CAP. 403 81

SCHEDULE (s. 117A)

Description of offence Demerit points 38 of 2012, s. 49.

Driving without registration plates affixed ....................................... 4


Driving while disqualified ................................................................ 14
Driving under the influence of alcohol ..............................................14
Exceeding the prescribed speed limit
(i) By 10 to 20 Kph ...................................................................... 2
(ii) By 21 to 30 Kph ...................................................................... 4
(iii) By 31 Kph or more ................................................................. 6
Causing death by driving or obstruction ............................................14
Careless driving ...................................................................................4
Racing or speed trials on a road...........................................................6
Driving motor vehicle under the influence of drink or drugs.............14
Failure to stop when so required by a police officer............................2
Not stopping after an accident where damage or injury is caused.......2
Failure to report an accident.................................................................6
No headlamps on vehicles....................................................................6
No registration plate light on vehicle...................................................2
No tail-lamp on vehicle........................................................................4
No device for deflecting beam of head-lamp........................................2
Sounding a horn so as to make an unreasonable noise.........................2
Failure to observe silence zones...........................................................2
Driving defective vehicle.....................................................................2

Driving motor vehicle in violation of the rules of the road by —

(a) Overtaking on the nearside of other traffic..................................3


(b) Failing to allow passage to other overtaking vehicles.................2
(c) Overtaking in a manner obstruction of oncoming vehicles.........6
(d) Crossing so as to obstruct traffic..................................................3
(e) Driving on to one road from another and causing obstruction....3
(f) Driving on to a road from a place not being a road causing
obstruction to traffic.....................................................................3
(g) Overtaking without a clear view..................................................6
(h) Reversing a vehicle further than necessary..................................2
Failure to obey commands of police officer to stop or otherwise........2
Failure to obey red light or stop sign...................................................6
Failure to comply with any other traffic sign.......................................2
Failure to observe provisions concerning pedestrian crossing.............4
Failure to supply specimen of breath when so required by police
office..................................................................................................14
Failure to submit to breath analysis or willful alteration of
alcohol concentration in breath or blood............................................14
Reckless driving.................................................................................14
82 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

INDEX TO SUBSIDIARY LEGISLATION

Page
Under section 15 (3)
Exclusion ..................................................................................... 73

Under section 51
Approval of fuel .......................................................................... 73

Under section 70 (2)


Authorization ............................................................................... 73

Under section 71 (1)


Authorization ............................................................................... 73

Under sections 72A and 72J ............................................................. 73

Various by-laws (not reproduced)

Traffic (Omnibus Stations) ............................................................... 74



Under section 117
Traffic (Minor Offences) Rules ................................................... 81

Under section 118A


Various by-laws (not reproduced)

Under section 119


Traffic Rules ................................................................................ 86
Traffic (Driving Schools) Rules ................................................. 187
Traffic (Nyali Bridge) Rules ........................................................207
Traffic (Movement) Rules ............................................................209
Traffic (Signs) Rules .....................................................................210
Traffic (Speed Limits) Rules....................................................... 232
Under section 120
Suspension, restrictions and limitations .......................................233
Rev. 2012] Traffic CAP. 403 83
[Subsidiary]

SUBSIDIARY LEGISLATION

Exclusion under section 15 (3) L.N. 23/1967.


Taxicabs required to be inspected by or on behalf of a local authority
under any by-law of the local authority from operation of section 17 (2).
L.N. 15/1984.
Approval of fuel under section 51
Gasohol.

Authorization under section 70 (2) L.N. 178/1956.


The erection is authorized of a sign (other than the traffic sign of the
prescribed size, colour and type) indicating that the road is closed to vehicles
of a particular type or within specified hours or under specified conditions.

Authorization under section 71 (1) L.N. 1374/1955.


All officers in charge of Ministry of Public Works divisions are authorised
to represent the highway authority for the purposes of this subsection.

By-laws under section 72A and 72J L.N. 25/1969.


(These are not reproduced as being of local application only.) L.N. 43/1969.
L.N. 168/1978.
Naivasha (Omnibus Terminus) By-laws. L.N. 238/1970.
Thika (Omnibus Terminus) By-laws.
L.N. 255/1977.
Nairobi (Designated Parking Places) By-laws.
L.N. 239/1970.
Nairobi (Country Omnibus Stations) By-laws
amended by L.N. 87/1976.
Mombasa (Designated Parking Places) By-laws. L.N. 134/1976.
Taita-Taveta (Parking Places and Omnibus Stations) By-laws. L.N.152/1976.
Meru (Omnibus Station) By-laws. L.N.240/1976.
Kisii (Omnibus Station) By-laws. L.N.39/1977.
Kakamega (Parking Places and Omnibus Stations) By-laws. L.N.40/1977.
Nakuru (Designated Parking Places ) By-laws. L.N.41/1977.
Homa Bay (Omnibus Station) By-laws.
L.N.80/1977.
Bungoma (Parking Places and Omnibus Stations) By-laws.
L.N.102/1977.
Kitale (Omnibus Stations and Parking Places) By-laws.
Embu (Parking Places and Omnibus Stations) By-laws. L.N.131/1977.
Kiambu (Omnibus Station) By-laws. L.N. 135/1977.
Nakuru (Omnibus Stations) By-laws. L.N.193/1977.
Webuye (Omnibus Station) By-laws. L.N.67/1978.
Kisumu (Designated Parking Places) By-laws.
84 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

By-laws under section 118A


L.N. 169/1963.
L.N. 62/1964. (These are not reproduced as being of local application only.)
L.N. 262/1976.
Nairobi (Taxi-Cab) By-laws
amended by
L.N. 645/1963. amended by
L.N. 226/1969.
L.N. 42/1977. Mombasa (Carts) By-laws
amended by
L.N. 98/1965. amended by

L.N. 234/1965. Nakuru (Taxi-Cab) By-laws.


L.N. 133/1966.
Kericho (Carts) By-laws.
L.N. 280/1969. Kisumu (Taxi-Cab) By-laws
L.N. 299/1966. amended by
L.N. 59/1967. Nairobi (Carts) B y-laws.
L.N. 13/1968. Eldoret (Taxi-Cab) By-laws.
L.N. 296/1968. Thika (Carts) By-laws.
L.N. 60/1969. Naivasha (Carts) By-laws.
L.N. 63/1969. Kiunga (Carts) By-laws.
L.N. 64/1969. Faza (Carts) By-laws.
Lamu (Carts) By-laws.
L.N. 67/1969.
Witu (Carts) By-laws.
L.N. 151/1976. Kisii (Taxi-Cab) By-laws.
L.N. 180/1976. Karatina (Carts) By-laws
L.N. 52/1978. Kisumu (Carts) By-laws

L.N. 37/2008. THE CITY OF NAIROBI (OMNIBUS STATIONS) BY-LAWS, 2008

1. These By-laws may be cited as the City Council of Nairobi (Omnibus


Citation.
Stations) By-laws, 2008.
Interpretation.
2. In these By-laws, except where the context otherwise requires–
“council” means the City Council of Nairobi;

“country omnibus” means an omnibus carrying passengers for hire or


reward departing to or arriving from any place outside the city;

“country bus stop” means a stopping place designated and appointed as


a country omnibus stop under section 102(4) of the Act;

“omnibus” means a public service vehicle licensed under Part XI of the


Act having seating accommodation for more than seven passengers exclusive
of the driver; and include a country omnibus;

“omnibus station” means any station that is established by the council


Rev. 2012] Traffic CAP. 403 85
[Subsidiary]
from time to time;

“owner” means any person whether a company or association or body


of persons corporate or incorporate in whose name an omnibus is registered
and, in the case of an omnibus subject to a hire purchase agreement, includes
the hirer under the agreement;

“station supervisor” means the person appointed in writing by the council


to manage, control and supervise the omnibus station or omnibus stations
specified in such appointment and includes his duly authorized assistant;

“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.

(2) Every driver of an omnibus when carrying passengers for hire or


reward shall follow such routes as are laid down by the Council for the purpose
of starting or terminating any journey.

4. No driver of omnibus when carrying passengers for hire or reward, Completion of


once having departed from an omnibus station, shall return to that omnibus schedule journey.
station until he has completed the scheduled journey in respect of such departure.

5. No omnibus, whilst plying for hire or reward and carrying passengers,


shall, without the prior written permission of the Town Clerk, be parked in any
place other than an omnibus station:

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 –

(a) Picking up passengers on the outward journey for destinations


outside the omnibus station; or

(b) Setting down passengers from outside the omnibus station on the
onward journey.

6. (1) An owner of an omnibus utilizing an omnibus station shall furnish Approval of


the Town Clerk with a copy of his operative timetable indicating the scheduled timetable.
times of arrival and departure of all services, and the Town Clerk may in his
discretion approve such a timetable.

(2) Before the Town Clerk approves a submitted timetable he may, if he


deems necessary require that amendments and alterations be made to it in the
interests of the efficient and smooth running of an omnibus station.

(3) An owner of a motor omnibus shall adhere to his approved timetable.


86 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

(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.

(2) An owner of a motor omnibus removed in pursuance of Paragraph


(1) of this by-law shall not be entitled to recover the same until he has paid to
the council such a fee as shall be approved by the council from time to time.
Persons in an
9. Any person including an employee of the owner of an omnibus but not
omnibus.
the owner of an omnibus shall be deemed to be there for the purpose of being
carried therein for hire or reward.

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]

13. No person shall deposit or cause to be deposited in an omnibus Conduct of persons.


station any refuse or garbage otherwise than in receptacle provided for that
purpose by the council.

14. No person at omnibus station or at a country omnibus station shall – Restriction at


(a) willfully interfere with or obstruct a station supervisor acting in Omnibus Station.
the performance of his duties;
(b) willfully interfere with or obstruct any person alighting from or
entering or intending to board an omnibus;
(c) enter or attempt to board an omnibus otherwise than by the doors
provided for that purpose;
(d) willfully obstruct any driver or conductor or an omnibus from acting
in the performance of his duty as a driver or conductor;
(e) otherwise behave in a disorderly manner.

15. No person shall, within an omnibus station – Nuisance.

(a) urinate in a place other than a lavatory;


(b) interfere with or molest any other person;
(c) tout or shout or call out for customers;
(d) cause any disturbance or use any offensive, injurious or
unbecoming
language;
(e) damage, deface, foul, misuse or interfere with any part of such
omnibus station or any equipment, fitting or fixture provided
thereon or therein;
(f) spit;
(g) play games or loiter therein or thereabouts;
(h) operate or cause or suffer to be operated an instrument fitted into
an omnibus capable of giving audible and efficient warning of
its approach or position in such a manner as to be so loud and so
continuous or repeated as to cause annoyance and to be a nuisance
to the public.

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

(2) In the case of a second or subsequent offence, to a fine not exceeding


three thousand Kenya shillings, or imprisonment for a term not exceeding nine
months, or to both such fine and imprisonment.

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;

Terminus Route Destination Route Description


Circular CBD Shuttle Circular within CBD Muthurwa-Globe Cinema
A Roundabout (via Haile
Selassie
Avenue – Moi Avenue-
Muranga Road)
Community (via Tom
Mboya Street – Cabral
Street-Moi Avenue –
Kenyatta Avenue -
Ngong Road) and back to
Muthurwa (via
Ngong Road - Haile
Selassie Avenue
Rev. 2012] Traffic CAP. 403 89
[Subsidiary]

Terminus Route Destination Route Description


Muthurwa –Community
Circular CBD Shuttle Circular within CBD (via Haile Selassie Avenue
and Ngong road) Globe
Cinema (via Ngong Road-
Kenyatta Avenue Moi
Avenue-Muranga Road)
and back to Muthurwa
(via Tom Mboya Street
– Moi Avenue – Haile
Selassie Avenue
Muthurwa 19” C” Komarock Komarock Estate-
Kangundo Road, Outer
Ring Road – Jogoo Road,
Muthurwa

Muthurwa 19/60 Kayole Kayole Estate – Kangundo


Road – Outer Ring Road –
Jogoo Road Muthurwa
Muthurwa 60/35 Umoja Umoja Estate-Kangundo
Road-Outer Ring Road-
Jogoo Road Muthurwa
Muthurwa 39 Ruai Ruai-Kangundo Road-
Outer Ring Road-Jogoo
Road-Muthurwa
Muthurwa Kangundo Kangundo Road-Outer
Ring Road-Jogoo Road-
Muthurwa
Muthurwa 10 Maringo Maringo-Jogoo Road
Muthurwa
Muthurwa 33 Embakasi Embakasi-Airport North-
Outer Ring Road-Jogoo
Road-Muthurwa
Muthurwa 34”B” Greenfield/Sahara Green Fields/Sahara-Outer
Ring Road-Jogoo Road-
Muthurwa
Muthurwa 58 Buru Buru Buru Buru-Mumias Road-
Jogoo Road-Muthurwa
Muthurwa 36 Dandora Dandora-Komarock
Road-Mumias Road-
Mutarakwa-Jogoo Road-
Muthurwa
90 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Terminus Route Destination Route Description


Muthurwa 56 Kariobangi South Kariobangi South-
Heshima Road-Jogoo
Road-Muthurwa
Muthurwa 23 Outer Ring Estate Outer Ring Estate-Mumias
Road-Buru Buru Road-
Heshima Road-Jogoo
Road-Muthurwa
Muthurwa 71 Lunga Lunga Lunga Lunga-Likoni
Road-Jogoo Road-
Muthurwa
Hakati Road 11 South B From South B: Dunga
Terminus Road-Bunyala Road-
Uhuru Highway-Haile
Selassie Avenue-Race
Course Road-Uyoma
Road-Hakati
From Hakati Road
Terminus: Hakati Road-
Mfangano Street-Ronald
Ngala Street-Moi Avenue-
Haile Selassie Avenue-
Uhuru Highway-Bunyala
Road-Dunga Road-South
B
Hakati Road 33B (via Embakasi Embakasi-North Airport
Terminus Mombasa Road-Mombasa Road-
Road) Uhuru Highway, Haile
Selassie Avenue-Race
Course Road-Uyoma
Road-Hakati

Muthurwa 69/72 Enterprise Road (Industrial Enterprise Road-Lusaka


Area) Road-Muthurwa
Rev. 2012] Traffic CAP. 403 91
[Subsidiary]

­Rules under section 117­ L.N. 110/1975,­


L.N. 43/1984.
THE TRAFFIC (MINOR OFFENCES ) RULES­

1. These rules may be cited as the Traffic (Minor Offences) Rules.­

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
________________________________________________________________

Section of the Act Statutory


or Rule of the Nature of Offences­ Maximum
Traffic Rules­ Penalty­­
________________________________________________________________
Sh.
1. Sections 12(1) Failure to carry identification
and 14­ plate or mark­............................................... 400­­

2. Sections 12(1)
and 14; rule 7­ Using identification plate or mark­other
as prescribed .............................................. 400­­

3. Rule 7(3)­ Defective identification plate or mark­........ 100­­

4. Rule 38 Failure to display “P.S.V.” sign as


required­ ...................................................... 100­­

5. Sections 15(1) Using an unlicensed motor vehicle­ 500­­


and 29­
6. Sections 20 Failure to display vehicle licence............... 100­­
and 29
­ ­
7. Sections 32(4)
and 41; rule Learner failing to carry two “L” plates­....... 100­­
12(1)(b)­

8. Sections 42(1) Exceeding speed limit prescribed for


and 43(1)­ class of vehicle­............................................ 500­­

9. Sections 42(3) Exceeding speed limit of 50 k.p.h. or


and 4 and 43(1)­ as prescribed by a traffic sign­..................... 300­­

10. Sections 52 Failure to obey direction of uniformed


(a) and 67­ police officer­............................................... 200­­

11. Sections 52A Leaving a vehicle in a parking area


(1) (a) and 67­ for a period in excess of time
prescribed by a traffic sign­ ......................... 100­­

12. Sections 52A Contravention or failing to comply

(1) (b) and 67­ with a traffic sign relating to the


manner in which vehicles should stand
Rev. 2012] Traffic CAP. 403 93
[Subsidiary]
in, or be driven into or out of, a parking
are­ a.................................................................200

13. Sections 52A Leaving a vehicle in contravention


(1)(c) and 67­ of traffic sign relating to a parking area­.........100­­

14. Sections Allowing a vehicle to remain where it


53(1) and 67­ causes or is likely to cause obstruction or
inconvenience to traffic­.................................300­­

15. Sections 55 Using a vehicle without prescribed


and 58; rule 25­ reflectors­.........................................................100­­

16. Sections 55 Failure to carry an efficient


and 58; rule 26 ­ silencer­...........................................................300­­

17. Sections 55 Using a vehicle emitting smoke or


and 58; rule visible vapour­................................................500­­
27(1)­

18. Sections 55 Using a vehicle without a driving mirror.......100


and 58; rule 29­

19. Sections 66(a)


and 67 Leaving a vehicle unattended with
­engine running­...............................................100­­

20. Sections 90 Driving a vehicle on a footpath­......................200­­


(2)(a) and 94­

21. Rule 34(3)­ Unnecessary use of warning


instrument when stationary­............................200­­

22. Rule 64(b) Omnibus driver failing to stop close to


and 69­ nearside­ .........................................................200­­

23. Rule 74­ Driver of slow moving vehicle failing


to keep close to nearside­................................200­­

24. Rule 79­ Travelling backwards for unnecessary


distance or time­.............................................200­­

25. Rule 80­ Travelling with part of body


outside moving vehicle­.................................200­­

26. Rule 81­ Filling with petrol while engine


running, or person failing to
keep distance prescribed­...............................100­­­­ ­
94 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

SECOND SCHEDULE (r. 4)­

Police Notification of Traffic Offence­


The Traffic Act­
(Cap. 403)­
The Traffic (Minor Offences) Rules­

TO: THE OWNER OR PERSON IN CHARGE OF VEHICLE NO.:


...........................

1.You are charged with offence[s] No[s]. ...................................... (see


reverse) committed at ................. on ............................., 19......., at ...............
a.m./p.m.­

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].­

3. If you do admit the charge[s] you should - ­

(i) complete and sign the admission at X on the reverse of this


notification and send this notification, together with the amount
of the statutory maximum penalty for the offence[s], by prepaid
registered post or by hand to the Traffic Court, ........................
........................., so as to reach the court within seven (7) days
from the date of issue of this notification;­

(ii) if you wish, submit with your remittance any mitigating circum-
stances which you desire the magistrate to take into account.­

4. If, after considering any mitigating circumstances, the court decides to


remit the penalty or any part thereof, you will be informed by letter, whereupon
you should promptly attend the court concerned to collect the amount refunded.­

5. WARNING. - Failure to comply with this notification renders you


liable to arrest and heavy penalties including imprisonment.­
Rev. 2012] Traffic CAP. 403 95
[Subsidiary]

(Reverse of Police Notification of Traffic Offence)­

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.­

FOR POLICE USE ONLY­


(For Personal Service)­
Name .......................................­
Address ....................................­..
...............................­..........
...............................................
Signature of Issuing Officer­
Station.............................
Time......................... a.m./p.m.­
Date of issue .............., 19........­­

X ADMISSION OF GUILT­
(Do not detach)­­

I admit the charge(s) specified on the front of this notification.­


Full name (IN BLOCK LETTERS)..................................................­
Address (residential or business)......................................................­­
P.O. Box .......................................................................................­....
Telephone No........................................ .......................................­.....
Driving Licence or Certificate of Competency No...........................­­..
Date of Expiry of Driving Licence....................................................­

Signature.............................................­

Date.................................., 19............­­

To be sent to the Traffic Court addressed as overleaf with above-mentioned amount - see
paragraph 3.)­

For Court Use Only.­­­


96 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Rules under section 119
THE TRAFFIC RULES

ARRANGEMENT OF RULES

Part I – Preliminary
Rule
1 – Citation.
2 – Interpretation.
3 – Offences under Act and Rules.
4 – Fees.
5 – Forms, marks, etc.

Part II – Registration and Licensing of Vehicles

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.

Part III – Driving Licences and Tests

10 – Vehicles requiring inspection report.


10A – Inspection certificate.
11 – Validity of licences and permits.
12 – Provisional licences.
13 – Driving test.
14 – Driving licence.
15 – Register of driving tests.
16 – Applicant to provide vehicle.
17 – Driving tests – classes of vehicles.

Part IV – Construction, Equipment and Use of Vehicles

18 – Wheels and tyres of motor vehicles and trailers.


19 – Wheels and tyres of other vehicles.
20 – Wheels and tyres to be adequate.
21 – Springs.
22 – Brakes.
22A – Fitting of seat belts.
23 – Lights on motor vehicles.
24 – Lights on vehicles other than motor vehicles.
25 – Reflectors and warning signs.
25A—Motor cyles.
26 – Silencers.
27 – Emission of smoke and sparks.
28 – Reversibility.
Rev. 2012] Traffic CAP. 403 97
[Subsidiary]
Rule
29 – Reflecting mirror.
30 – Windscreens and windows.
31 – Vehicles steered from left-hand side.
32 – Types of direction indicator.
33 – Safety glass.
34 – Warning instruments.
35 – Wings.
36 – Trailer couplings.
37 – Speedometers.
38 – Windscreen wipers.
38A – Public service vehicle plates.

Part V – Special Provisions Relating to Motor Omnibuses or Matat us

39 – Markings on commercial vehicles and trailers.


40 – Trailer plates.
41 – Weights and dimensions of vehicles.
41A - Fitting of governors.
42 – Body construction.
43 – Wheel tracks.
44 – Doors and steps.
45 – Emergency window or panel.
46 – Access to doors and emergency exits.
47 – Ventilation.
48 – Interior illumination.
49 – Destination indicators.
50 – Signalling devices.
51 – Internal height.
52 – Clearance.
53 – Windscreen.
54 – Windows.
54A—Tinted motor vehicle windows.
55 – Name-plates.
55A - Horizontal band on matatus.
56 – Fire extinguishers and first-aid outfits.
57 – Conductors.
58 – Trailers.
59 – Routes.
60 – Petrol, etc.
61 – Luggage.

Part VI – Special Provisions Relating to Drivers, Conductors and


Passengers of Motor Omnibuses or Matatus

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.

Part VII – Special Provisions Relating To Taxicabs

70 – Yellow bands.
71 – Photographs.
72 – Penalties under Part.

Part VIII – Traffic Regulation

73 – Meeting or overtaking traffic.


74 – Slow-moving traffic.
75 – Duty to keep left.
76 – Turning left.
77 – Turning right.
78 – Change of traffic lane.
78A – Traffic on roundabouts.
79 – Travelling backwards.
80 – Travelling with part of body outside vehicle.
81 – Filling petrol.
82 – Pedal cyclists.
83 – Priority for police, fire engines and ambulances.
84 – (Deleted).

Part IX – Seating And Passenger Capacity Of Vehicles


85 – Arrangements of seats in motor omnibuses.
86 – Seating capacity of public service vehicles.
87 – Driver’s seat in motor omnibus or commercial vehicle.
88 – Passengers on commercial vehicles.
89 – Children.
90 – Penalties under Part.

Part X – International Traffic


91 – Interpretation of Part.
92 – Issue of international documents.
93 – International circulation permit.
94 – Exemption from registration and licensing.
95 – Distinguishing sign.
96 – Transfer of vehicles.
97 – Removal of distinguishing sign and plate.
98 – (Deleted).
99 – 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 –

­“articulated vehicle” means any motor vehicle with a trailer having no


front axle and so attached that part of the trailer is superimposed upon the motor
vehicle and a substantial part of the weight of the trailer and of its load is borne
by the motor vehicle (such trailer being called a semi-trailer);­ 

“authorized permit” means a permit issued under rules 7A (1) and 94; ­

“foreign”, in relation to any vehicle, means a vehicle registered in a


country outside Kenya; ­

“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;­ 

“overall length” means the overall length of a vehicle exclusive of any


starting handle and any hood when down; ­

“overall width” means the width measured between parallel planes


passing through the extreme projecting points of the vehicle exclusive of any
driving mirror; ­
Rev. 2012] Traffic CAP. 403 101
[Subsidiary]

“overhang” means the distance measured horizontally and parallel to the


longitudinal axis of the vehicle between two vertical planes at right angles to
such axis, the one passing through that point of the vehicle (exclusive of any
hood when down) which projects furthest to the rear and the other passing – ­

(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; ­

“overtaking” means passing or attempting to pass any other vehicle


proceeding in the same direction;­ 

“pneumatic tyre” means a tyre which complies in all respects with the
following requirements – ­

(a) it shall be provided with a continuous close chamber containing


air at a pressure substantially exceeding

atmospheric pressure when the tyre is in the condition in which it


is normally used, but is not subjected to any load; ­

(b) it shall be capable of being inflated and deflated without removal


from the wheel or vehicle; ­

(c) it shall be such that, when it is deflated and is subjected to a normal


load, the sides of the tyre collapse; ­

“reflective material” means material complying with the specifications


contained in Part I of the Tenth Schedule;

­“seat belt” means a restraining harness fitted in a motor vehicle to be


worn by a person occupying a seat in the motor vehicle, which harness shall –­
(i)  when worn, consist of a diagonal portion extending from the
wearer’s shoulder to the opposite hip and a lap strap extending
across the wearer’s lap;
(ii) be so constructed and anchored as to allow for its adjustment
102 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
to accommodate variation of physical size of the wearer; and ­
(iii) be constructed and anchored and fitted in accordance with the
Cap. 496. standard and specifications established under the Standards Act
by the Kenya Bureau of Standards, or approved by the Kenya
Bureau of Standards, for materials, fastenings, anchorages and
operations for seat belts; ­

“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; ­

“wheelbase” of a vehicle means the distance from the centre of the


front axle – ­
(a) in the case of a vehicle with two axles, to the centre of the rear axle;­
(b) in the case of a vehicle with three axles, to a point four inches
behind a line midway between the two rear axles; ­
(c) in any other case, to a point on the longitudinal axis of the vehicle
being the point from which a line, if projected at right angles, will
pass through the centre of the minimum turning circle of the vehicle.

­ ffence under Act


O 3. Where any act or omission is an offence under the Act and these Rules,
and Rules. nothing in these Rules shall be deemed to affect the liability of any person to
be prosecuted under the Act: ­

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. ­

(3) When no other provision is specifically made, any authority or person


having power to issue any certificate or licence under the Act shall, on proof to
his satisfaction that such certificate or licence has been lost or destroyed, and
on payment of the prescribed fee, issue a duplicate of the certificate or licence
to the person entitled thereto.­

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.­ ­

Part II - Registration and Licensing of Vehicles­

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. ­

(2) An identification plate issued to a dealer with a dealer’s general licence


under subsection (1) of section 23 of the Act shall include the letters K.G., and
a number that shall be assigned by the Registrar.

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.

(2) Where a personalised registration number is transferred to another


vehicle, an amount equivalent to two per cent of the fees payable for
personalised registration fee under paragraph (1) shall be payable over and
above the normal registration fee.

(3) The following class of motor vehicles may not be issued with
personalized identification plates—

(a) Public Service Vehicle;

(b) Cargo Trucks (private or for hire);

(d) Service Vehicles (ambulance and funeral hearse);

(e) Diplomatic Vehicle;

(f) Tractor; and

(g) Heavy machinery.

(4) A registration plate on a Government vehicle used by persons


occupying the following public offices may with the prior approval of the
Minister, have on it accompanying the inscription “GK” registration number
the following abbreviations on a round plate measuring a circumference of 55
cm and placed on the left hand side of the front and the rear part of the vehicle.

(a) Vice President/Deputy President - VP/DP

(b) Speaker of the National Assembly – SNA

(c) Governor of Central Bank – GCB

(d) Chief Justice – CJ


104 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

(e) Attorney-General - AG

(7) An application for a personalized registration shall be made to


the Registrar of Motor Vehicles who may process and approve or reject the
application.

(8) Where a person intends to use the personalized identification plates


on another motor vehicle upon disposal of a vehicle which initially had a
personalised identification plates, a retention certificate may be issued by the
Registrar for a period not exceeding six months.

(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.

(10) Any person who uses unauthorized personalized number plates


commits an offence and is liable on conviction to a fine not less than five
hundred thousand shillings or on condition to imprisonment for a term not
exceeding five years, or both.

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 – ­

(a) every plate shall be rectangular in shape; ­

(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; ­

(e) the ground of every dealer’s general identification plate on a motor


vehicle used under the authority of a dealer’s general licence shall be
white, and the distinctive letters and numbers thereon shall be red;­

(f) every letter or number on an identification plate shall be not less


than 90 millimeters high and every part of every such letter and
number shall be at least 15 millimetres broad; the total width of the
space taken up by every such letter or number (except in the case of
the letter “I” and the number “1”) shall be at least 65 millimetres:­
Rev. 2012] Traffic CAP. 403 105
[Subsidiary]
Provided that in the case of the plate for a motor cycle the letters shall
be not less than 40 millimetres high, every part of every letter and
number shall be at least 15 millimetres broad and the total width of
the space taken up by every letter or number (except in the case of
the letter “I” and the number “1”) shall be at least 30 millimetres;­

(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. ­

(c) Notwithstanding any other provision of these Rules, any reflective


identification plates fitted to a motor vehicle or trailer after 31st
May, 1974, shall be deemed not to comply with the provisions of
these Rules unless – ­
(i) they were issued by or on behalf of the Registrar; and ­
(ii) they bear the mark of authorization set out in the Eleventh
Schedule. ­
(d) The fees payable for issue of plates under paragraph (c) shall be
as prescribed in the First Schedule. ­
(e) With effect from the 1st June, 1977, no person shall manufacture
or sell reflective number plates without the written authority of the
Registrar of Motor Vehicles. ­

(3) Any person who – ­


(a) uses on a road a motor vehicle or trailer the identification plates of
which are not clearly visible or legible; or ­
(b) is the owner of a motor vehicle or trailer the identification plates of
which are, by reason of damage thereto, illegible or which contain
any letter or number other than the identification marks assigned
to the vehicle or trailer (or any letter or number other than the
identification marks authorized by the Registrar), or which do not
comply with the provisions of this rule; or
106 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
­(c) fails to comply with the provisions of subparagraph (b) of paragraph
(2) or fails to fit to the vehicle or trailer concerned identification
plates issued under that paragraph,­ 
shall be guilty of an offence and liable to a fine not exceeding
one thousand shillings.­ 

(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. ­

(5) Where a vehicle is registered in Burundi, Ethiopia, Rwanda, Somalia,


Sudan, Tanzania, Uganda, Zaire or Zambia in addition to being registered under
the Act, nothing in this rule shall be construed so as to prohibit the simultaneous
exhibition of identification plates carried pursuant to the law of any such country
and identification plates carried pursuant to section 12 of the Act. ­

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. ­

(5) In the case of a foreign commercial or public service vehicle in


respect of which there is not in force an international certificate or P.T.A. carrier
licence the licensing officer may, on payment of the prescribed fee, issue in
respect of the vehicle an authorization permit in the prescribed form valid for
a period not exceeding thirty days but renewable on expiry for an aggregate
period not exceeding twelve months from the date of entry into Kenya and the
owner shall, on expiration of the authorization period, remove the vehicle from
or send it out of 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. ­

(2) The licence shall be carried in a conspicuous and reasonably vertical


position behind the glass of the wind-screen or nearside window, so that the
108 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
front of the licence is clearly visible at all times by daylight to a person standing
in front of the vehicle or to the left or near side thereof: ­

Provided that, in the case of a motor-cycle or a vehicle not fitted with a


windscreen or windows, the certificate shall be suitably carried in a weatherproof
holder having a transparent face. ­

(3) A dealer’s general licence shall be carried on the front identification


plate issued with the licence, in the holder provided for that purpose. ­

(4) A licence shall be removed as soon as it has expired and be replaced


with a licence of current validity.­ 

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. ­

(2) The following classes of vehicles shall be exempt from licensing


under the Act –­ 
(a) vehicles owned by – ­
(i) the Government; ­
(ii) municipal councils;­
(iii) urban or area councils; ­
(iv) county councils; ­
(b) vehicles used solely as ambulances by the St. John Ambulance
Association or by the Kenya Red Cross Society; ­
(c) vehicles owned and used solely by the Navy, Army and Air Force
Institute; ­
(d) vehicles the property of any country, or of any consular
representative (if such consular representative is not engaged in
any other business or profession in Kenya) of a country with which
agreement exists with Kenya affording adequate reciprocity in the
exemption of such vehicles from road traffic licensing; ­
(e) vehicles which are used solely on any road or other place to which
the public have no general right of access. ­

Part III - Driving Licences and Tests ­

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: ­

Provided that, notwithstanding the foregoing provisions of this paragraph,


a permit of a kind referred to in subparagraph (c) or subparagraph (d) shall
not be valid so as to permit a person under the age of eighteen years to drive
a motor vehicle.

­(2) In paragraph (1) – ­


“convention driving permit” means an international driving permit
issued under the authority of a country outside Kenya which is a party to the
Geneva Convention on Road Traffic of 1926 or the United Nations Convention
on Road Traffic of 1949;­ 

“domestic driving permit” means a document issued under the law of


a country outside Kenya authorizing the holder to drive motor vehicles, or a
specified class or description of motor vehicles, in that country. ­

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–

(i) a motor cycle that is carried on two wheels without a sidecar


110 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
attached; or ­
(ii) a motor vehicle whose construction is such that it provides no
accommodation for a person to sit next to the driver; ­
(b) the holder of the provisional licence shall not drive a motor
vehicle unless, at all times whilst he is so driving, there is exhibited
on the front and rear of such vehicle, in such a manner as to be
plainly visible to any person in front of or behind the vehicle, a
distinguishing mark in the form set out in the Fifth Schedule; ­
(c) the holder of the provisional licence shall not– ­
(i) carry any passenger on a motor cycle that is carried on two
wheels without a sidecar attached; ­
(ii) drive any motor vehicle which is carrying passengers for hire
or reward. ­

(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. ­

(2) On receipt of the document or documents and fee required by


paragraph (1), the licensing officer shall, if satisfied with regard thereto, arrange
Rev. 2012] Traffic CAP. 403 111
[Subsidiary]
for the issue or endorsement, as the case may be, of the licence.
­
15. There shall be kept by every driving test examiner a driving test Register of driving
register in which will be entered the name and address of every applicant for a tests.
driving test, the serial number of the test application form, the date on which
such test was given, the result of such test and, if the applicant was issued with
a certificate of competency, the number of the certificate and class of vehicles
to which it related. ­

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. ­

Part IV - Construction, Equipment and Use of Vehicles­

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 –

(i) a tractor normally used for agricultural purposes may be fitted


with solid rubber tyres on the front wheels; but any such trac-
tor shall only be driven on a road whilst proceeding to or from
work or being delivered to a new owner; ­
(ii) in special circumstances the highway authority may on a par-
ticular occasion issue a permit, subject to such conditions as
it may impose, for a vehicle to be so driven which does not
comply with this rule. ­

(2) A recut pneumatic tyre shall not be fitted to any wheel of a motor
vehicle. ­

(3) In paragraph (2), “recut pneumatic tyre” means a pneumatic tyre


in which an existing tread pattern has been cut or burnt deeper or a new tread
pattern has been cut or burnt, except where the pattern is cut entirely in additional
material added to the type for the purpose. ­

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:­

Provided that this paragraph shall not apply in respect of a road


constructed or maintained solely for use by vehicles not fitted with 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]

­(i) acting symmetrically on at least half the number of wheels on


each side of the trailer; ­
(ii) preventing the rotation of the wheels when the trailer is un-
coupled;
(iii) automatically stopping the trailer if the trailer becomes de-
tached whilst in motion; and ­
(iv) in the case of a trailer having a permissible laden weight
exceeding 3,500 kg., being operated from the towing vehicle.­
(b) Every trailer whose permissible laden weight does not exceed
one ton shall, unless fitted with a device capable of automatically
stopping the trailer if the trailer becomes detached whilst in
motion, be equipped in addition to the main towing attachment
with a secondary attachment in the form of a chain or wire rope
of adequate strength.­

(6) The provisions of paragraph (5) shall apply to every semi-trailer in


an articulated vehicle: ­

Provided that a semi-trailer having a permissible laden weight exceeding Brakes on


750 kg. shall be equipped with at least one braking device capable of being semi-trailers.
operated by applying the service brake from the drawing vehicle. ­

(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.

­(3) No person shall be in a motor vehicle which is in motion on a road


and occupy a seat in that vehicle in respect of which a seat belt is fitted in
accordance with this rule without wearing the seat belt.

­(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.

­(5) It shall be the responsibility of the conductor of a public service


vehicle, and where there is no conductor, the driver of that vehicle, to keep the
seat belt in a clean, dry and generally wearable condition.

­(6) Any driver or conductor who contravenes paragraph 5 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 – ­

(a) be mounted securely to the body-work or chassis of the vehicle at


a height of not less than 20 cm. and not more than 1.5 m.; ­
(b) be positioned so that they are not more than 10 cm. inboard from
the outer extremity of the body or chassis, and at least one lamp
shall be so constructed as to provide an uncoloured light of sufficient
intensity to illuminate clearly the figures and numbers on the rear
identification plate, unless other means of so illuminating that plate
are provided: ­

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. ­

(6) No spot-light or swivelling light shall be used – ­


(a) in place of head-lights, save to complete a journey where the head-
lights have been damaged; ­

(b) in such a manner as to impede the vision of, or cause annoyance


to, any user of the road. ­

(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 – ­

(i) in the case of a bicycle, it shall be sufficient to show one only


of the lamps referred to in paragraph (a) and paragraph (b); ­
(ii) this rule shall not apply in respect of a vehicle stationary in a
car park, or in a place reserved for parking in a street where
adequate lighting is normally provided.­ 

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 – ­

(a) on a bicycle or a power-assisted bicycle– ­

(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: ­

Provided that, in the case of a bicycle or a power-assisted bicycle having


a rear wheel the diameter of which does not exceed 50 centimetres – ­

(i) if such a bicycle is constructed so as to be suitable only for use


by a child, nothing in this subparagraph shall apply thereto; and­
(ii) in any other case, such warning sign shall be mounted on a metal
plate, above the rear wheel, or on the offside, of the vehicle and
having the lower edge of the sign not less than 30 centimetres
above ground level; ­

(b) on a motor cycle that is carried on two wheels without a side-car


attached, one red reflector fitted at the rear thereof not less than 45
centimetres above ground level; ­
(c) on a heavy vehicle, or on a trailer having a tareweight exceeding
225 kilograms –­

(i) at the front - a warning sign consisting of a continuous strip


of white reflective material, not less than 5 centimetres wide,
mounted on a metal panel facing in a forward direction extend-
ing horizontally for such distance as is necessary to indicate
the overall width of the vehicle, or to within 30 centimetres on
either side thereof, and so placed that the lower edge of such
sign is not less than 30 centimetres and the upper edge not more
than 120 centimetres above ground level; ­
Rev. 2012] Traffic CAP. 403 117
[Subsidiary]
(ii) at each side of the rear - a warning sign conforming to the di-
mensions and details set out in Part III of the Tenth Schedule
mounted on a metal panel so placed that the lower edge of the
sign is not less than 60 centimetres and the upper edge not more
than 150 centimetres above ground level, and the outer edge
is not more than 15 centimetres from the side of the vehicle; ­

(d) on a medium vehicle on or after 1st January, 1970 – ­

(i) which is not fitted with reflective plates, as that expression is


defined in rule 7 (4), each of which is fitted centrally on the
central longitudinal axis of the vehicle, the warning signs set
forth in subparagraph (c);­or
(ii) which is so fitted with reflective plates either the warning signs
so set forth or two red reflectors on the back thereof fitted re-
spectively not more than 30 centimetres from a line parallel to
the longitudinal axis of the vehicle through the lateral extrem-
ity of the vehicle on each side, and placed at the same height
which shall not be less than 75 centimetres and not more than
180 centimetres above ground level; ­
(e) on a heavy vehicle or a medium vehicle two white, yellow or
colourless reflectors on the front thereof fitted respectively not more
than 30 centimetres from a line parallel to the longitudinal axis of
the vehicle through the lateral extremity of the vehicle on each
side, and placed at the same height which shall not be less than 75
centimetres and not more than 180 centimetres above ground level;­
(f) on any vehicle not hereinbefore in this rule specifically mentioned,
one red reflector fitted on the offside rear of the vehicle not less
than 50 centimetres and not more than 180 centimetres above
ground level. ­

(2) Every reflector carried on a vehicle pursuant to this rule – ­

(a) shall be securely affixed to the vehicle so as to be clearly visible


from directly in front of or behind such vehicle, as the case may be;­
(b) shall if circular, be not less than 4 centimetres in diameter or, if
not circular, be of an area of not less than 12.5 square centimetres
and be of such shape that a circle of 25 millimetres in diameter
may be inscribed therein. ­

(3) Where a rear light of a vehicle is so constructed that, when not


showing a light, it is an efficient red reflector facing to the rear and complies
with the provisions of this rule applicable to such vehicle, it shall be treated
as being such a reflector when it is, as well as when it is not, showing a light. ­

(4) Every warning sign required by this rule to be carried on a vehicle,


and every reflective plate, shall at all times be maintained in a reasonably clean
condition. ­

(5) Where under this rule a warning sign is required to be mounted on


a metal plate, such plate– ­
118 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(a) shall, in all its surface dimensions, be no smaller than the
corresponding dimensions of the warning sign concerned; and ­

(b) shall be securely mounted on the body, chassis or frame of the


vehicle at right angles to the longitudinal axis of the vehicle so
that the warning sign is facing directly forwards or rearwards, as
the case may be. ­

(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 – ­

“commercial vehicle” means any motor lorry, truck, van (including a


vehicle commonly known as a “pick up”), breakdown van or like motor vehicle,
but does not include a vehicle commonly known as a “station wagon”; ­

“heavy vehicle” means a motor vehicle, having a tareweight exceeding


two tonnes, which is either a commercial vehicle or a public service vehicle; ­

“medium vehicle” means a motor vehicle, having a tareweight not


exceeding two tonnes, which is either a commercial vehicle or a public service
vehicle licensed to carry more than five passengers. ­

(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.

(8) A person who contravenes or fails to comply with the provisions of


this rule commits an offence and is liable to a fine of five thousand shillings or,
in default of payment, to imprisonment for a term not exceeding three months.

26. Every motor vehicle propelled by an internal combustion engine or Silencers.


a compression ignition engine shall be so constructed that the exhaust gases
from the engine cannot escape into the atmosphere without first passing through
a silencer, expansion chamber or other contrivance suitable and sufficient for
reducing as far as may be reasonable the noise which would otherwise be caused
by the escape of those gases.

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. ­

(2) Every motor vehicle registered in Kenya, other than a commercial


vehicle, which is steered from the left or nearside shall be equipped with
direction indicators of a type mentioned in rule 32 and shall be fitted at the rear
120 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
with a red light which lights when the brakes are applied. ­

(3) Every commercial vehicle registered in Kenya which is steered from


the left or nearside shall be equipped with mechanical direction indicators
capable of being worked by hand by the driver; and shall be fitted at the rear
with a red light which lights when the brakes are applied.

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. ­

(2) No lights on any motor vehicle, with the exception of direction


indicators, shall be flashing or blinking lights. ­

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. ­

(2) Every driver of a motor vehicle or bicycle shall, when it is necessary


for the safety or convenience of the public, give audible warning of his approach
or position by using the warning instrument required by this rule. ­

(3) When a motor vehicle is stationary on a road or parking place, no


person shall use or permit to be used in connexion therewith any warning
instrument, except when such use is necessary on grounds of safety; and no
such instrument shall be used in such a manner as to be a nuisance to the public.­

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. ­

(2) Every speedometer shall be fitted in such a manner as to be visible to


the driver at all times, and shall be maintained in good working order. ­

(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. ­

(4) In any case, it shall be no defence in any proceedings for exceeding


a speed limit to plead that because a vehicle was not fitted with a speedometer,
or because the speedometer fitted was not working the driver was not aware of
the speed of such vehicle. ­

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.

consisting of the letters “P.S.V.” in black on a white background of such size


as to be clearly visible at a distance of thirty metres. ­

(2) Every public service vehicle operating as a matatu shall display,


on both front and rear elevations, a sign consisting of the letters “P.S.V.” in
white on a blue background of such size as to be clearly visible at a distance
of thirty metres.

­(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]

39. The owner of every commercial vehicle or trailer shall cause to be


Markings on
painted or otherwise clearly marked in the English language in a conspicuous
commercial vehicles
position on the right or offside of every such vehicle, in letters not less than one
and trailers.
inch in height which shall at all times be kept clearly legible –­ 

(a) the name and address of the owner of the vehicle; ­


(b) the registered tare weight of the vehicle; and ­
(c) the maximum weight the vehicle is authorized to carry. ­

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. ­

(2) A person who drives or uses on a road a vehicle in respect of which


the weights set out in paragraph 2 (1), (2) or (3) of the Twelfth Schedule
are exceeded, shall as respects each overloaded axle or any excess over the
maximum permitted weight, be guilty of an offence against section 58 of the
Act, and shall, in respect of that offence, on conviction, pay a fine not less than
the appropriate fine according to the following scale – ­

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

10,000 kg. or more 200,000 400,000


Rev. 2012] Traffic CAP. 403 123
[Subsidiary]
(3) The volumeric capacity of a vehicle, trailer or mounted tank,
constructed for the purpose of transporting liquids in bulk, shall not exceed the
maximum volume provided in the following scale – ­

Type of Vehicle or Trailer Maximum


Volume
Bulk Liquid Tank
­
(i) Two axle goods vehicle not exceeding
7,000 kg. tare weight 11 cubic metres­
(ii) Three axle goods vehicle not exceeding
7,000 kg. tare weight 18 cubic metres ­
(iii) Three axle goods vehicle whose tare
weight exceeds 7,000 kg. but does not
exceed 10,000 kg 14 cubic metres ­
(iv)          Two axle draw bar trailer not exceeding
6,000 kg. tare weight 12 cubic metres ­
(v) Three axle draw bar trailer not exceeding
8,000 kg. tare weight 17 cubic metres ­
(vi)  Three axle semi-trailer drawn by a three
axle prime mover not exceeding 18,000
kg. total tare weight 35 cubic metres
(vii) Three axle semi-trailer drawn by a two
axle prime mover not exceeding 17,000
kg. total tare weight 28 cubic metres
­(viii) Two axle semi-trailer drawn by a three
axle prime mover not exceeding 17,000
kg. total tare weight 24 cubic metres
(ix) Two axle semi-trailer drawn by a two
axle prime mover not exceeding 15,000
kg. total tare weight 19 cubic metres

­(4) (a) The maximum volumes of specific liquid products permitted


to be loaded into each category of bulk liquid tank shall be those
specified in the Thirteenth Schedule.­ 

(b) No person shall load for transportation on a public road quantities


of bulk liquid exceeding those specified under subparagraph (a). ­
(c) No person shall transport on a public road quantities of bulk liquid
exceeding those specified under sub- paragraph (a). ­

(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 – ­

(i) the type of vehicle, trailer or vehicle-trailer combintion


on which it is mounted depicted pictorially clearly showing the axle
124 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
configuration and volume of tank expressed in cubic metres; ­
(ii) the maximum volume of bulk liquid permitted of each type
of liquid product capable of being transported in the tank as
specified in the Thirteenth Schedule, appearing in tabular form
below the pictoral illustration specified under subparagraph (i):­

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).

(b) In the case of semi-trailers drawn by a tractor or prime mover, the


sign or legend shall depict, in addition to the volume of the tank,
the axle configuration of the trailer and the tractor or prime mover
drawing the trailer. ­
(c) In the case of vehicles where the possibility of one or more different
prime movers in terms of axle configuration exists, all relevant signs
or legends shall be affixed to the site of the tank. ­
(d) The maximum volumes of each type of liquid product capable of
being transported in a particular semi-trailer mounted tank shall
reflect the axle configuration of the tractor or prime mover. ­
(e) The signs or legends under subparagraph (a) shall consist of black
characters on a white background, and shall be located on each side
of the tank mid-way between the top and the base of the tank at the
point nearest to the end of the tank which is closest to the front of
the vehicle or trailer and the means of providing the sign or legend
shall be at the discretion of the owner of the vehicle or trailer: ­

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

41A. (1) The engine of -


Fitting of speed
governors. (a) every public service vehicle, except taxi cabs;
L.N. 161/2003, (b) every commercial vehicle whose tare weight exceeds 3048kg.
L.N. 83/2004,
L.N. 97/2004, shall be fitted with a speed governor which -
L.N. 65/2005.
(i) conforms to such specifications as the Minister may by
notice in the Gazette prescribe;
(ii) is adjusted so that all times, and in any load condition, the
vehicle cannot exceed the speed of 80 kph.

(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-

(a) in the case of a first conviction, to a fine note exceeding ten


thousand shillings or imprisonment for a term not exceeding six
months or both; and

(b) in the case of a second or subsequent conviction, to a fine not


exceeding twenty thousand shillings or imprisonment for a term
not exceeding one year or both.

Part V - Special Provisions Relating to Motor Omnibuses and Matatus­

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. ­

(3) Steps shall be provided at each doorway with suitable supports to


assist persons when entering or leaving the omnibus. ­

(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.

(2) Emergency windows or panels shall be – ­


126 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(a) where the overall width of the omnibus is less than 2.44 metres, at
least 1.22 metres by 440 millimetres in size; ­
(b) where the overall width of the omnibus is 2.44 metres or more, at
least 1.53 metres by 440 millimetres in size. ­

(3) Emergency windows or panels shall be marked as such and


instructions for opening such windows or panels shall be clearly shown thereon.­

(4) Emergency windows or panels shall be kept in working order, and


shall be tested at least once every month while the omnibus is in use, and may
be tested at any reasonable time by an inspector or by a police officer. ­

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:­ 

Provided that this paragraph shall not apply to an omnibus constructed


to carry separate classes of passengers if a separate door and emergency panel
is provided for each class. ­

(2) No seat, luggage, parcel or other object shall be placed in a motor


omnibus so as to obstruct persons attempting to reach any door, emergency
window or panel.­ 

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 – ­

(a) the name and address of the owner of the vehicle; ­


(b) the route the vehicle operates on as allocated by the Transport
Licensing Board;
(c) the registered tare weight of the vehicle in kg.; and ­
(d) the number of passengers the vehicle is licensed to carry. ­

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.

(2) The portions of the horizontal band referred to in paragraph (1)


which are not of the yellow colour shall be of the colour of the motor vehicle
as specified in the vehicle’s registration book.

(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.

(4) If the main body-work of a matatu is so coloured such that the


yellow portions of the band required under this rule do not contrast prominently
therewith so as not to be clearly visible by day at a distance of at least 275 metres,
then there shall be painted parallel to, and continuous to the yellow band, a
band of same dark colour and of the width of not less than 75 millimetres on
either side.

(5) The band referred to in paragraph (4) shall be of sufficient consistency


to enable the broken yellow band to be clearly visible by day at a distance of
128 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
at least 275 metres.

(6) There shall be prominently exhibited in every matatu a recent


photograph of the head and shoulders of the driver who for the time being has
charge of the matatu and the photograph shall be taken full face without hat,
of postcard size and such photograph shall be -

(a) of such nature and so displayed in a conspicuous place in the matatu


so as to enable any person entering, seated in or alighting from the
matatu to clearly see the photograph; and
(b) approved by a police officer of, or above, the rank of Assistant
Superintendent and having endorsed on the reverse of the
photograph the particulars of the driver’s identity card, his public
service vehicle licence and driver’s licence, and the signature of
the police officer signifying such approval.

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: ­

Provided that the Commissioner of Police may, if he is of the opinion


that a conductor is not necessary for the safe operation of the vehicle and the
safety of the passengers, grant written exemption from the requirements of this
rule in respect of any motor omnibus, subject to such conditions, if any, as may
be imposed in such written exemption, which shall at all times be carried on
the vehicle to which it relates.­ 

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.

60. No petrol, kerosene or other inflammable liquid shall be carried in


or on a motor omnibus or matatu except – ­ Petrol, etc.
(a) in the fuel tank; or ­
(b) in quantities not exceeding 36 litres placed in containers which are
so constructed and maintained as to prevent leakage or evaporation; and such
containers shall be carried on the rear portion of the roof of

the vehicle in such manner as to prevent them from moving whilst the vehicle
is in motion. ­

61. (1) No luggage, goods, merchandise or bicycles shall be carried on Luggage.


or in any motor omnibus or matatu except on or in one of the following places,
which places shall at all times be so maintained as to provide for the security
of every such item – ­
(a) on the roof where guard rails have been fitted; ­
(b) in a special compartment provided for luggage. ­

(2) Notwithstanding anything contained in paragraph (1), light hand


luggage or parcels may be carried inside a motor omnibus or matatu, with the
permission of the conductor or of the driver where no conductor is carried. ­

Part VI - Special Provisions Relating to Drivers, Conductors and


Passengers of Motor Omnibuses or Matat us­

62. In this Part – ­ Interpretation of Part.

“authorized person” includes the owner of the omnibus or matatu


concerned or any person employed by him upon or in connexion with such
omnibus or matatu;­

“passenger” means any person who is in or on, or is about to enter, a


motor omnibus or matatu. ­

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.

Conduct of 65. The conductor of a motor omnibus or matatu –


conductor. ­(a) shall not when the omnibus or matatu is in motion, distract the
L.N. 173/2009. driver’s attention without reasonable cause or speak to him unless
it is necessary to do so in order to give directions as to the stopping
of the omnibus or matatu; ­
(b) shall take all reasonable precautions to ensure that the route, fares
and destination of the omnibus are clearly and correctly displayed
by every means provided for the purpose; ­
(c) shall endeavour to the best of his ability to ensure the observance
of the provisions of these Rules which relate to the conduct of
passengers; ­
(d) 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;
(e) shall not be under the influence of drink or drugs. ­
(f) shall not direct the driver to 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.

(2) Every passenger shall –


­(a) unless he is the holder of a ticket or, if no tickets are issued, has
paid the fare in respect of that journey, immediately upon demand
or, if no demand has been made, before leaving the omnibus or
matatu, declare the journey he intends to take or has taken and pay
the conductor the fare for the whole of such journey, and if tickets
are issued accept the ticket provided therefor; ­
(b) if requested by an authorized person, leave the omnibus or matatu
on completion of the journey for which he has paid;
­(c) show his ticket on a route where tickets are issued, when required
to do so by any authorized person, or in default thereof pay the fare
for the journey taken or to be taken by him; ­
(d) if required to do so by an authorized person, surrender his ticket
at the end of the journey covered by that ticket; ­
(e) if required to do so by an authorized person, surrender any period
or season ticket held by him at the expiry of the period for which
it was issued to him; ­
(f) if required to do so by an authorized person, surrender any ticket
held by him in exchange for a new ticket covering the journey or
journeys which he is still entitled to take. ­
Powers of authorized
persons and police. 67. Any passenger who is reasonably suspected of contravening these
Rev. 2012] Traffic CAP. 403 133
[Subsidiary]
Rules shall – ­
(a) give his name and address to a police officer or to the driver or
conductor or other authorized person on demand; ­
(b) immediately quit the omnibus if requested to do so by the driver
or conductor thereof; ­
(c) if he refuses to quit the omnibus or matatu after being lawfully
requested to do so by the conductor or driver or by any police
officer, be removed therefrom by such conductor, driver or officer.­

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.

Part VII - Special Provisions Relating to Taxicabs­

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. ­

(2) If the main body-work of a taxicab is so coloured that the yellow


band required under this rule does not contrast prominently therewith so as to be
clearly visible at a distance of at least 275 metres, then the main body-work, or
so much of it as runs parallel to and at a distance of not less than 75 millimetres
on either side of and contiguous to the aforesaid yellow band, shall be painted
a dark colour of sufficient consistency to enable the yellow band to be clearly
visible at the distance aforesaid. ­

71. There shall be prominently exhibited in every taxicab a recent Photographs.


photograph of the head and shoulders of the driver who for the time being has L.N. 65/2005.
charge of the taxicab and the photograph shall be taken full face without hat,
of postcard size and such photograph shall be – ­

(a) of such nature and so displayed as to enable any person riding in


the back of the taxicab clearly to identify the driver thereof with
134 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
the photograph; and ­
(b) approved by a police officer of or above the rank of Assistance
Superintendent and having endorsed on the reverse of the
photograph the particulars of the driver’s identity card, public
service vehicle licence and taxi driver’s licence, and the signature
of such police officer signifying such approval as aforesaid.­ 

Penalties under this 72. Any person who – ­


part.
L.N. 65/2005. (a) contravenes or otherwise fails to comply with the provisions of
this Part; or ­
(b) owns, drives, causes to be driven or has charge of a taxi-cab 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, in default of payment, to imprisonment for a term
not exceeding two months or to both.

­Part VIII - Traffic Regulation­

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.

­(3) Animals which are being led may be passed or overtaken on


whichever side is the safer. ­

(4) No vehicle shall be driven so as to overtake other traffic unless the


driver of the vehicle has a clear and unobstructed view of the road ahead; the
driver shall not overtake such traffic unless he sees that the road ahead is clear
for a sufficient distance to enable him, after overtaking, to return to his proper
side before he encounters any traffic coming from the opposite direction. ­

(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. ­

(3) Where a road entering a roundabout is divided into traffic lanes


bearing carriageway markings indicating the direction or directions which may
be taken by traffic proceeding in any such lane, no driver of a vehicle shall – ­

(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.

­84. (Deleted by L.N. 310/1974.)

­Part IX - Seating and Passenger Capacity of Vehicles­

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; ­

(b) in the case of a vehicle registered as a matatu, the seating capacity


shall be determined by the certifying officer at the time of mandatory
inspection, on the basis of the difference between the tare weight of
the vehicle (including any modification work), and the gross weight
of the vehicle as specified by the manufacturer, both figures to be
expressed in kilogrammes, as applied to the number of units of
sixty-five kilogrammes which would be equivalent to the difference
between the two load figures. ­

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.­ 

(2) No person or goods of any description shall be carried in such a


position or in such a manner as to occupy any part of a driver’s seat or so as to
obstruct his movements or view when he is driving the vehicle.

­(3) No person or goods shall be carried on the right or offside of any


driver of a right-hand drive vehicle, nor to the left or nearside of the driver of
a left-hand drive vehicle­.

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. ­

(2) (Deleted by L.N. 89/2007.)

89. For the purposes of this Part – ­ Children.


138 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
(a) a child who is under the apparent age of five years shall not count
as a passenger; ­
(b) any two children, each of whom is over the apparent age of five
years and under the apparent age of 12 years, shall count as one
passenger.­ ­

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.

Part X - International Traffic

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;

­“international convention” includes the following conventions– ­


(a) the International Convention Relative to Motor Traffic concluded
at Paris on the 24th April, 1926; ­
(b) the International Convention Regarding the Taxation of Foreign
Motor Vehicles concluded at Geneva on the 30th March, 1931; ­
(c) the Convention on Road Traffic concluded at Geneva on the 19th
September, 1949; ­

“international driving permit” means an international driving permit


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:

Provided that no international driving permit shall be issued to any


person who is under eighteen years of age. ­

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 – ­

(a) the international certificate; ­


Rev. 2012] Traffic CAP. 403 139
[Subsidiary]
(b) the fiscal permit or customs duty receipt; and ­
(c) the certificate of insurance or certificate of security required by the Cap. 405.
Insurance (Motor Vehicles Third Party Risks) Act, ­

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.

(2) A motor vehicle in respect of which a valid international certificate is


in force shall not be required to be licensed under the Act while in use in Kenya
during the currency of such certificate for a period or periods not exceeding
in the aggregate –­ 

(a) in the case of a public service vehicle or commercial vehicle, 30


days; and ­

(b) in the case of any other vehicle, 90 days. ­

(3) The owner of a motor vehicle referred to in paragraph (2) shall, on


entering Kenya, obtain an authorization permit valid for a period not exceeding
seven days in accordance with rule 7A and shall on expiry of such permit obtain
an international circulation permit. ­

(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. ­

(2) No vehicle which is registered in Kenya shall display any international


distinguishing sign or plate other than the letters E.A.K.­ 
140 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

98. (Deleted by L.N.209/1971.)

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;

(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 to both.­

L.N. 290/1994, FIRST SCHEDULE­ (rr. 4, 7 and 7A)


L.N. 393/1995,
L.N. 127/1996, Part I
L.N. 163/1997,
L.N. 104/2002, FEES­
L.N. 56/2006.

Registration of Vehicles
On original registration- Ksh.
A motor vehicle with less than four wheels 565

A motor vehicle with four wheels and with engine capacity-


(a) not exceeding 1000 cc ..................................................................... 1,700
(b) exceeding 1000 cc but not exceeding 1200 cc ............................... 2,100
(c) exceeding 1200 cc but not exceeding 1500cc ............................... 2,300
(d) exceeding 1500 cc but not exceeding 1700 cc ............................... 2,800
(e) exceeding 1700 cc but not exceeding 2000 cc ............................... 3,300
(f) exceeding 2000 cc but not exceeding 2500 cc ............................... 5,100
(g) exceeding 2500 cc but not exceeding 3000 cc ............................... 7,000
(h) exceeding 3000 cc .......................................................................... 8,300

A trailer with less than four wheels ..................................................... 450


Trailer with four wheels or more ......................................................... 1,275­­
For all types of tractors and mobile cranes .......................................... 450­­

Transfer of ownership .......................................................................... 500­­


Duplicate registration book .................................................................. 2,000­­
Replacement of registration book ........................................................ 400

­­­Driving Licences­ ­
KSh.
Provisional licence ................................................................................ ­­600
Driving test booking fees ..................................................................... 600­­
Full licence:­
(i) annual ..................................................................................... 700
(ii) triennial ................................................................................ 1,800­­
Annual renewal ...................................................................................... 600­
Rev. 2012] Traffic CAP. 403 141
[Subsidiary]
Triennial renewal .................................................................................. 1,400
Duplicate driving licence ....................................................................... 400­­

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

Public Service Vehicles­


Driver’s licence (with badge) ................................................................ 700­­
Conductor’s licence (with badge) .......................................................... 700­­­
Miscellaneous
Copy of vehicle records ......................................................................... 500 ­
Inspection of vehicles -
booking fee for inspection ................................................................ 1,000 ­

Foreign Private Vehicles


Private vehicle licence Per month For three For additional
months period under
r.7A (6)
(per day)
US$ US$ US$
For vehicles -
(i) not exceeding
2,000 cubic centimetres 20 50 1
(ii) exceeding 2,000
cubic centimetres 40 100 2

­Foreign Commercial and Public Service Vehicles

Foreign commercial and public Per Month Additional period


service vehicles authorization US$ under r.7A (6) per day)
permit. U.S.$
For vehicles not exceeding
3,000 kg. tareweight 20 1
142 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Part II—Specifications on Personalized Number Plates:

(a) The maximum number of characters shall be seven for each of


the front and rear plates.
L.N. 78/2012.
(b) The minimum number of characters shall be four on both front
and rear plates.

(c) The characters on the number plates shall be in capital letters only.

(d) Use of signs, symbols or any abusive words is strictly prohibited.

(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.

(g) The personalized identification plates shall not be transferable


and shall when the vehicle is disposed, be surrendered and the
vehicle re-registered.

(h) The personalized plates shall be displayed on aluminum embossed


plates with the rear registration plate being of size 205 (two
hundred and five) by 230 (two hundred and thirty) millimeters
(205 x 230 mm).

(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

APPLICATION FOR REGISTRATION AND LICENCE OF MOTOR VEHICLE OR TRAILER


(Section 6 (2), rule 5)
IMPORTANT.-When it is required to license a vehicle at the time For Official Use Only
of registration, this form may be used for both purposes without the Serial Number of Licence …….
necessity of completing Form C. Unless this application is completed in Prepared by .......................
every respect, delay may occur in the issue of a licence. Checked by………...........
(A) APPLICATION: Date
I apply to be registered as the owner of the vehicle Amount to pay
described below. I also apply for a licence for:- (tick one box) Registration Fee Sh. 10 00
4 months or commencing ....................19..... Licence Fee Sh.
12 months (Months) Total Sh.
(B) INSURANCE:
Name of company issuing third party insurance……… 1 2 3 4 5 6 7 8 9 10 11

(C) PARTICULARS OF VEHICLE: 12 13
(Tick or fill boxes where appropriate)
14
1. Motor Vehicle Trailer Motor cycle
15 16 17 18
2. Make……………………………
3. Body type……………………… (See Note 1 overleaf) 19 20
4. Other vehicle description ………
5. Year of manufacture 19….. 21 22
6. Tareweight ………………..kgs.
7. Manufacturers chassis or frame number 23 24 25 26 27

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

1. In the case of a motor-cycle particulars of side-car (if any) must be given.

In the case of a lorry description of body should be either Platform,


Sided, High Sided, With Stays, Tipping or Totally Enclosed.

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.

2. If a new vehicle, evidence such as the manufacturer’s or an accredited agent’s


sales delivery note, invoice or the like should be supplied.

If not a new vehicle, a satisfactory explanation must be supplied as to


why it has not previously been registered.

If imported, by other means than through an accredited agent, the owner


must be in possession of an export permit, other than a temporary permit or
permit for exportation for a limited period only, showing that the vehicle has
been lawfully exported from its country of origin or the country in which it
was last registered, if such is required by the law of that country, and proof
that the vehicle has been lawfully imported into Kenya.

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)

Application For:- (a) Road Fund Licence (see note 1 overleaf)


(b) Transfer of Ownership (see note 2)
(c) Change of Registration Particulars (see note 3)

N.B.- Sections 1 and 4 to be completed in all cases.


Sections 2 and 3 to be completed as applicable.
This form to be submitted in duplicate, see Note 4

For Official Use Only


1. DETAILS OF THE VEHICLE:- Include any changes since the Licence Expiry date..........
vehicle was last licensed.

Registration Mark and Number……… 3


Make…………………..
Class:..........private Goods P.S.V.
(If not private, VIR Number).................................... VIR

Vehicle type (see note 5 over)......................................


Tareweight …….......................kgs.
Carrying capacity ……............…passengers/.......................…..kgs.

Principal colour ...............................


Engine ID Number

Normally kept at …….. Street…….................................... Town Location


Note here any other changes…………

2. LICENCE APPLICATION (Cap. 403, section 16) Amount to pay


I apply for a licence for (tick one box) Sh. ...........................

4 months or 12 months, commencing …………..19…….. Licence No.


(month)

4

146 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form II - (Contd.)

3. TRANSFER OF OWNERSHIP (Cap. 403, section 9)


Certified I have transferred the vehicle described above Amount to pay
and its registration book to:- Sh.........

Name………………………… Receipt No.


of Postal Address) Box……..Town……
Signed………………….....…
Date……………. Full Name….....……
of (Postal Address) Box………......……
Town……………………………….....

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 .....................

Certificate No. Checked by

Name in full……………….........…..............… (25)


(Block Capitals)
of Box…..............………(5) Town…...............…...(15)
Date……..............…….. Signed…....................………
(owner)
*Delete if vehicle not in use on road.
Notes
1. Application for licence for motor vehicle or trailer
Complete section 1,2 and 4 of this form in full. The licence may be obtained from any outstation
which undertakes to issue motor vehicle licences, provided the particulars on either page 4 or 5 of
the registration certificate are correct and have been recorded by the Registrar.

2. Application for transfer of ownership of motor vehicle or trailer


Complete section 1,3 and 4. Section 2 need not be completed if a new licence is not required at the
time of transfer of ownership.

3. Change of registration particulars


Complete section 1 of this form to show current particulars of the vehicle. Supporting documentation
should be available for inspection where applicable (e.g. showing the source of a substituted engine).
Section 4 must be completed in all cases, sections 2 and 3 only if applicable.

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.

5. Vehicle type: Indicate as applicable


00 Saloon 07 Trailer
01 Station Wagon 08 roller, grader and crane
02 Pick-up 09 Wheeled tractor
03 Lorry 10 Crawler tractor
04 Bus 11 Motor cycle
06 Special Purpose- 12 Three-wheeler
Ambulance, Fire
Engine, etc.

FORMS III and IV - (Deleted by L.N. 119/1971).

FORM V - (Deleted by L.N. 56/2006).

Application for Dealer’s General Licence Form VI


(Sections 23 and 25)

[Name].......................................................... For Official Use


(Block capitals)
of [Postal Address] ....................................... Serial number(s) of licences(s)
................................................................... issued .....................................
hereby declare that I am carrying on the businessof a
dealer in or manufacturer or repairer of motor vehicles Serial number(s) of plate(s) issued
at - .................................................
............................................Road .................................................
............................... Town/District,
and apply for*- Date Stamp
(a) .............................dealer’s general licence[s] ( b )
.................................. identification plate[s]
(c) .................................. renewal licence[s]
in respect of plates[s] No.[s]........... already in Licence Fees
my possession. Licence(s)...... Sh......
Signature................................... Plate(s)...... Sh......
Date................... 19 .............. Total ...... Sh......

*Delete items not applicable.

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]

Form VII - (Contd.)


(Reverse)

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.

Date______________ Signature of applicant _________________

I enclose two copies of a recent photograph (size 35 mm. by 45 mm.) (head and shoulders)
(full face without hat)

(NOT REQUIRED IF APPLICATION is for a Provisional Licence or for endorsement of


FURTHER CLASSES)
______________________________________________________________________


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

Commercial vehicles Tractors


exceeding 1,800 kg.
tare weight

Motor-cars and commercial Motor cycles up to


vehicles not exceeding 1,800 and including 50 c.c.
kg. tare weight. capacity

Motor cycles over 50 Invalid carriages


c.c. capacity

Special type (specified)

.......................................
.......................................

See page 4 for special conditions.


Rev. 2012] Traffic CAP. 403 151
[Subsidiary]

Form VIII - (Contd.)


Page 3 No. ...................

GOVERNMENT OF KENYA

Driving Licence
Name ....................................................................
....................................................................

Address ...............................................................
..............................................................

is hereby licenced to drive the classes of vehicles authorized by official stamp on page 2
until............................................................................

Fee of Sh.................................... received.

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

Interim Driving Licence


(Rule 11 (1) (e))

Name...........................................................
Address........................................................
.......................................................

is hereby authorized to drive the following classes of vehicles until............................... inclusive,


or until a driving licence is issued to him, whichever is the earlier: -
Classes..........................................
........................................
.......................................

C. of C. Number..................................................................
Fee paid Sh...........................................
.............................................
Signature of Authority

Date ....................................

___________

No. .....................................
Form X
GOVERNMENT OF KENYA

Provisional Driving Licence


(Section 37 (1))­
hereby license – ­

Name..........................................................................................

Address....................................................................................... ­

To Drive Class................................................................Vehicle

from............................... to..........................................inclusive

Date........................Signature of Licensing Officer.....................


­
Fee paid Sh. 50                                                        
[See Conditions Overleaf]
Rev. 2012] Traffic CAP. 403 153
[Subsidiary]
Form X - (Contd.)
­(Reverse) ­

CONDITIONS ATTACHED TO THE DRIVING OF MOTOR VEHICLES BY


THE HOLDER OF A PROVISIONAL LICENCE ­

(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))­

(1) Registration book issued for vehicle...............................................................


(registration mark) ­
(2) Vehicle licence issued for vehicle................................... ................................
(registration mark) ­
(3) Driving licence issued on................................................................................
(approximate date) ­
(4) Provisional licence issued on...........................................................................
(approximate date)
(5) P.S.V.licence....................................................................................................
(registration mark) ­
(6) P.S.V. driver’s licence issued on .....................................................................
(approximate date) ­
(7) P.S.V. conductor’s licence issued on.... ...........................................................
(approximate date) ­

I hereby declare that the above..............has been lost or rendered illegible. ­

The circumstances of the lost or defacement were as follows:- ­

I therefore request that a duplicate be issued, on payment by me of Sh. 5. ­


Usual signature......................................................... ­
Name (in full)..........................................................
(in block capitals)
Address.....................................................................
Date.............................................................. ................................................

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)­ 

holding provisional licence number ....................... and/or driving licence number......................

require to undergo a driving test in respect of vehicles of class.....................................................


­
Signature of applicant.............................................................. ­
______________________________________________________________________________

Fee paid Sh. 5.                                                 Date ............................................. ­


Signature of licensing officer. ........................................................... ­

_____________________________________________________________________________

Driving test allotted as follows: - ­

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. ­

I hereby certify that, after examination of-

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)

Dated at............................ this.....................day of..................., 19...... ­

Signature of driving test examiner........................................................

Signature of person examined .........................................................


156 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form XIV
Application for Licence for Public Service Vehicle
(Section 96 (1))­
(A) Application For Official use Only
I (name) ........................................................................... Serial No. of licence............
(Postal ddress)............................................................... Prepared by ........................
................................................................................................. Checked by ........................
being the registered owner of vehicle No. ....................
hereby apply for a Public Service Vehicle licence for the
period expiring 31st December for the above vehicle to be
used as*:- Date Stamp
Motor Omnibus
Taxicab
Private Hire Vehicle
*Delete items not applicable.
Amount to Pay
The vehicle is normally kept by me at ............. ........... Sh. .....................
Road.......................................... Town/District.
Licence Fees
District of operation .....................................................
.......................................................................................
For each passenger which
Passenger seating capacity ........................................... the vehicle is licenced to
Certificate of fitness No. .............................................. carry, Sh. 10 per annum.
Road Service licence No. (in case of omnibus) ...........
Taxicab licence No. .........................................................
Issued by ..........................................................................
on [date] ...........................................................................

(B) Declaration
______________________________________________________________________________
I declare that the foregoing particulars are true and complete.
Usual signature............................................
Date.............................................................
______________________________________________________________________________

(C) Police Certificate


______________________________________________________________________________
I certify that the applicant is a fit and proper person to hold the licence applied for
............................................................................
[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 the vehicle is normally kept. After
the officer has completed the certificate (C), the form should be presented by the applicant to a
licensing officer, together with the fee payable and certificate of insurance.
Rev. 2012] Traffic CAP. 403 157
[Subsidiary]

Form XV
­­Public Service Vehicle Licence ­

original
REPUBLIC OF KENYA

THE TRAFFIC ACT


(Section 97 (1))­
Cheque No. ......................
Cash ................................

STATION ..........................................................................................................................

ISSUING OFFICER .........................................................................................................

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

THE TRAFFIC ACT

(Section 97 (1))­
Cheque No. ......................
Cash ................................

station ..........................................................................................................................

issuing officer .........................................................................................................

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 (surname) .................................... For Official Use


(other names) ................................ Serial number of licence and
Nationality .................................... badge .........................
Identity Certificate No. .................. Prepared by ......................
Postal address.............................. Checked by ......................
......................................................
Date Stamp
Residing ......................................................... Road
...............................Town/District, being the holder
of valid driving licence No. ......................................
hereby apply for a Public Service driver’s licence
I am .......................... years of age.
Signature of applicant ....................
Date................................................
______________________________________________________________________
(B) Police Certificate
______________________________________________________________________

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.

I am .................................. years of age.


Date .............. Signature of applicant ...................

______________________________________________________________________
(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

RECORD OF HIRE PERIODS OF TAXICABS AND PRIVATE HIRE VEHICLES


(Section 102(3))

Vehicle Driver’s Hirer’s Out In Route and


Reg No name name destination

Date Time Date Time


162 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Form XIX
Notice to Attend Court
(Section 116 (1))

ORIGINAL - To alleged offender.


DUPLICATE - To Court.
TRIPLICATE - To be Retained.
No. .............................

To ......................................................................................................................
of .......................................................................................................................

You are hereby required to attend ..................................................... Court


at [place] ................................................ at ............................................. a.m./p.m.
on ................................... the ................................. day of ...................., 19 .....,
to Answer a Charge of:
.................................................................................................................
.................................................................................................................

contrary to ........................................................................................................
such offence having been commited at ...........................................a.m./p.m. on
[date] ......................................................at ......................................................

Signed...............................................

Police Station ...................................


Office stamp
and date

(Please Turn to Reverse)


___________________________________________

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.

Written Plea of Guilty

..............................................., 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.

2. The figures shall be either black on a white background or white on a black


background.

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)

hereby apply for inspection of vehicle No. ...........................................................


[Identification mark]

Signature of applicant ..................................


Fee paid Shs. 40. Signature of Licensing Officer.....................
Station ..........................................................

Date .....................................

________________________________________________________________

Inspection arranged as follows:-

Date............................................... Time............................... Place........................

________________________________________________________________

Important

1. The Registration certificate appertaining to the above vehicle should be produced


at the time of inspection, together with this form.

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)

V.I.R. No. .........................................................


Application No. ...............................................

...........................................
Identification mark

Owner’s Name .....................................................................................


and
Address ...............................................................................................

Make and Model For P.S.V.’s only


of Vehicle .. ..............
Passenger Carrying Capacity:- ........
Type .. .. .. ..............
(i) Upper deck seated .............

Gross Vehicle Weight ..............kg. (ii) Lower deck seated .............

Tare Weight .. ..............kg. (iii) Lower deck standing .............

Total passengers .............

Equivalent passenger weight ....... kg.



Personal baggage or other
load permitted ....... kg.
________ _______

Load Capacity ...............kg. ..............kg.


======= ======

Size of tyres:-
Front ....................................... Rear ..................................................

I have inspected the above vehicle, and find that -

*(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]

Form XXII - (Contd.)

(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

Date of Inspection ...........................Place ..........................................

Received the above report.

...................................................
Owner or representative

NOTE. - This document MUST be produced to a Licensing Officer at the time of


application for a vehicle licence.

ENDORSEMENT in the case of a report under Part B only.

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

Date of re-inspection .............................

* Delete whichever is not applicable.


Rev. 2012] Traffic CAP. 403 167
[Subsidiary]

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.)

Owner’s Name .....................................................................................


and
Address ...............................................................................................

Make and Model of


Vehicle .. .. ..............
Passenger Carrying Capacity:-

(i) Upper deck seated .............

Gross Vehicle Weight .. ..............kg. (ii) Lower deck seated .............

(iii) Lower deck standing .............


168 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Form XXIII - (Contd.)

Tare Weight .............. kg. Total passengers .. .. .............



Equivalent passenger weight ........... kg.
Personal baggage or other
load permitted .. .. ....... kg.
________ _______

............. kg. .......... kg.
======= ======

Size of tyres:-

Front .................................................................... Rear ....................................................................

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 ..........................................

Date received ................................

......................................................
Owner or representative
Rev. 2012] Traffic CAP. 403 169
[Subsidiary]

(Note. - Forms XXIV to XXVII were originally included in the


Eleventh Schedule.)

Form XXIV

Application For Authorization Permit For A Foreign Vehicle


(Rules 7A (1) and 94)

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.

The form must be used for one vehicle only.

___________

Full Name of owner ...........................................................................................


Occupation .........................................................................................................
Nationality .........................................................................................................
Postal address in Kenya .....................................................................................
Telephone No. in Kenya (if any) .......................................................................
Locality where vehicle is to be kept ..................................................................

I/We hereby apply for a licence for the following

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.

Date ......................................., 19.... ........................................


Signature of applicant(s)

For official use only Fee payable



170 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Form XXV

Authorization Permit For A Foreign Private Vehicle


and a Vehicle Carrying International Certificate

(Rule 7A (3))

Free

Reg. No. ............................................................... No. ......................................


Name of owner .....................................................................................................
Address in Kenya .................................................................................................
..............................................................................................................................
Locality .....................................................................................................................
Colour ...................................................................................................................
Authorized to be in Kenya from .........................................................., 19............
to ........................................................., 19...... Issuing Office
Fee: Sh. ...............................................
Date ....................................................., 19... Station

__________

Form XXVI

Authorization Permit For a Foreign Commercial


or Public Service Vehicle

(Rule 7A (5))

Reg. No. ............................................................... No. ......................................


Name of owner .....................................................................................................
Address in Kenya ......................................................................................
....................................................................................................................
Locality ......................................................................................................
Tareweight .................................................................................................
Make and body...........................................................................................
Authorized to be in Kenya from .........................................................., 19............
to ........................................................., 19...... Issuing Officer
Fee: Sh. ....................................................... Station
Date ....................................................., 19...
Rev. 2012] Traffic CAP. 403 171
[Subsidiary]
Form XXVII
Licence For Foreign Private Vehicle
(Rule 7A (3)

Licence No. ....................................................................................................
Fee: Sh. 100
Expiring ..........................................................................................................
Make ...............................................................................................................
Colour .............................................................................................................
Date .................................................................................................................
Collector ..........................................................................................................
Station .............................................................................................................
__________
Form XXVIII

VEHICLE LICENCE CERTIFICATE

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.

1. Kenya Registration Mark ………………………………………………..


2. Year of Manufacture …………………………………………………….
3. Date of First Registration in Kenya …………………….……………….
4. Previous Registration Mark (if any) ……………………..………………
5. Body Type ……………………………………………………………….
6. Type of Motor Vehicle …………………………………………...........…
7. Make ………………………………………………………………….....
8. Commercial/Private …………………………………………….……….
9. Seating capacity …………………………………………………………
10.Rating (c.c) …………………………………………………………...…
11. Tare weight ………………………………………………………….…
12. Engine No …………………………………………………………...…
13. Chassis No ……………………………………………………..………
14. Country of origin ………………………………………………………
15. Colour of vehicle ………………………………………………………
16. Fuel ……………………………………………………………………
17. Date First Registered in Present Owners name ………………………..
18. Registered owner ………………………………………………………
19. Box No. /Postal code ……......……..………………………………….
20. Email Address …………………………………………………………
21. Telephone No ………………………………………………………….

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

ISSUED BY: NAME SIGN DATE----

This certificate expires at the end of 3 Months from the date of issue.

FOR: REGISTRAR OF MOTOR VEHICLES


ROAD TRANSPORT DEPARTMENT
Rev. 2012] Traffic CAP. 403 173
[Subsidiary]
THIRD SCHEDULE­ (r .5. (4))

Public Service Vehicle Driver’s/Conductor’s Badge­

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 ­

(Deleted by L.N. 65/2005).

FIFTH SCHEDULE­ (r .12 (1) (b))

Diagram of distinguishing mark to be displayed on a motor vehicle


whilst being driven by the holder of a provisional licence­.

Red letter on white ground­

The corners of the white ground may be rounded off. ­


Rev. 2012] Traffic CAP. 403 175
[Subsidiary]

SIXTH SCHEDULE (r.17)­

Classes of Vehicles Covered by Driving Test­

Additional Classes or Types


Class or Type
Covered

1. Heavy commercial vehicles­. 2. Motor omnibuses.

3. Commercial vehicles exceeding


1,800 kg. tare-weight.

4. Motor-cars and commercial


vehicles not exceeding 1,800 kg.
tare weight.

2. Motor omnibuses­. 3. Commercial vehicles exceeding


1,800 kg. tare weight.

4. Motor-cars, and commercial


vehicles not exceeding 1,800 kg.
tare weight.

3. Commercial vehicles exceeding 1,800 4. Motor-cars, and commercial


kg. tare weight. vehicles not exceeding 1,800 kg.
tare weight.
4. Motor-cars, and commercial vehicles not Nil.
exceeding 1,800 kg tare weight.

5. Motor cycles exceeding 50 c.c. 6. Motor cycles not exceeding 50 c.c.


capacity. capacity.

6. Motor cycles not exceeding 50 c.c. capacity. Nil.

7. Tractors. Nil.

8. Invalid carriages. Nil.

9. Special types. Nil.


176 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

SEVENTH SCHEDULE
(r. 39 (2))­

Distinguishing Mark for Trailer or Towed Vehicle­

White letter on black ground­

The corners of the black ground may be rounded off. ­

EIGHTH SCHEDULE­
(Deleted by L.N. 310/1974)­.
Rev. 2012] Traffic CAP. 403 177
[Subsidiary]

NINTH SCHEDULE (r. 95)

INTERNATIONAL ROAD TRAFFIC CONVENTION­


(19th September, 1949)­

Annex 4. - Distinguishing Signs of Vehicles in International


Traffic ­

1. The distinguishing sign shall be composed of one to three letters in


capital Latin characters. The letters shall have a minimum height of 80 mm. (3.1
in.) and their strokes a width of 10 mm. (0.4 in.). The letters shall be painted
in black on a white ground of elliptical form with the major axis horizontal. ­

2. If the distinguishing sign is composed of three letters, the dimensions


of the ellipse shall be at least 240 mm. (9.4 in.) in width and 145 mm. (5.7 in)
in height. The dimensions may be reduced to 175 mm. (6.9 in.) in width and
115 mm. (4.5 in.) in height if the sign carries less than three letters.

As regards the distinguishing signs for motor cycles, the dimension of


the ellipse, whether the sign is composed of one, two or three letters, may be
reduced to 175mm. (6.9 in.) in width and 115 mm. (4.5 in.) in height. ­

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. ­

4. When the distinguishing sign is carried on a special plate this plate


shall be fixed in a vertical or nearly vertical position and in a plane perpendicular
to the longitudinal axis of the vehicle itself, this shall be done on a vertical or
nearly vertical surface at the back of the vehicle.
178 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

­TENTH SCHEDULE­
Part I­
Specifications for Reflective Materials­
(Rule 2)­

(1) Reflective material shall be retro-reflective sheeting consisting of


spherical lens elements embedded within a transparent plastic material having
a smooth flat outer surface and a precoated adhesive backing. ­

(2) The minimum reflective brightness values of the retro-reflective


sheeting shall, as compared to magnesium oxide (MgO), be:-­

Color­ Angle of Reflective Angle of


Incidence­ Value Divergence­­
Compared
to MgO

­Red­......................20 degrees­ 10­ 0.5 degrees­­


Red­­...................... 50 degrees 3­ 0.5 degrees­­
White­­...................20 degrees­ 50­ 0.5 degrees­­
White­­...................50 degrees­ 20­ 0.5 degrees­­
Yellow­..................20 degrees­ 35­ 0.5 degrees­­
Yellow­..................50 degrees­ 10­ 0.5 degrees­­

(3) In addition to the minimum reflective brightness value, the retro-


reflective sheeting shall comply with the following minimum standards- ­

(a) it shall have such wide-angle characteristics that it is brilliantly


visible when placed at an angle of forty-five degrees to a light
source; ­

(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; ­

(c) it shall be solvent resistant so as to be capable of withstanding


normal cleaning with petrol, diesel fuel, mineral spirits, turpentine
and methanol.

­(4) A warning sign or reflective plate, notwithstanding that the reflective


material of which it is composed complies with the above specifications, shall
be deemed not to be a warning sign or reflective plate for any of the provisions
of these Rules if, in a clean condition it is not clearly visible to the naked eye
from a distance of 225 metres, in the case of a bicycle or power-assisted bicycle,
or 450 metres in any other case, at night in dry, clear weather when illuminated
at the said distance by the undipped headlights of a motor vehicle, comply with
rule 23 (1) of these Rules. ­
Rev. 2012] Traffic CAP. 403 179
[Subsidiary]

Tenth Schedule - (Contd.)


Part II
Warning Signal for Bicycles and Power-Assisted Bicycles
(Rule 25 (1) (a))

(1) The warning sign to be carried on a


bicycle or power-asssisted bicycle shall
consist of a strip of reflective material, at
least 15 centimetres long by 4 centimetres
wide, having alternate diagonal stripes of
red and white at approximately forty-five
degrees to the edge of the strip.

(2) The reflective strip may be fitted in


two portions, one above and one below
a reflector carried on the mud-guard of
the bicycle, so, however, that the total
length of such portions is not less than
15 centimetres.

(3) The perpendicular width of each full


white strip shall be 20 millimetres and of
each full red strip 25 millimetres, with an
allowable variation in each case
of + 1 millimetre.

Part III
Warning Signs for Motor Vehicles
(Rule 25 (1) (c) and (d))

(1) The warning signs to be carried at the rear of a heavy vehicle or a


medium vehicle shall consist of reflective material having alternate diagonal
stripes of red and white at approximately forty-five degrees to the edges of
such material.

(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.

(3) Rear warning signs shall be -

(a) in the case of a heavy vehicle, 60 centimetres long by 30 centimetres


high;

(b) in the case of a medium vehicle, 30 centimetres long by 30


180 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
centimetres high, with an allowable variation in each case of + 1
centimetre.
(4) Each pair of rear warning signs shall be so affixed that the diagonals
represented by the stripes are mutually opposed, as indicated in the diagram
below.

Part IV

Portable Warning Triangle


(Rule 25 (8)

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

4. The Traffic (Amendment) (No. 2) Rules, 1988 are revoked.


Rev. 2012] Traffic CAP. 403 181
[Subsidiary]

ELEVENTH SCHEDULE
Authorised Mark
(Rule 7(2)(c))

KENYA GOVERMENT In green


TRAFFIC ACT

Black

White
background OOOOOOOOO Numbers In
OOOOOOOOO black


TWELFTH SCHEDULE­ (r. 41)

Part 1-Weights and Dimensions of Vehicles­

1. In this Schedule-

­“tandem axle group” means two axles suspended and interconnected in


such manner that any load imposed upon them will automatically be distributed
to the two axles either equally or in proportions predetermined by the design of
the suspension system, regardless of the road profile or road condition; ­

“triple axle group” means three axles suspended and interconnected in


such a manner that any load imposed upon them will automatically be distributed
to the three axles either equally or in proportions predetermined by the design
of the suspension system regardless of the road profiles or road condition.

2. (1) The maximum weight which may be transmitted to the road in


the case of a vehicle fitted with pneumatic tyres, whether laden or unladen,
shall not exceed- ­

(a) by way of any single axle fitted 10,000kg.


with four or more wheels ……………….

(b) by way of any single steering axle, 8,000


whether controlled by a drawbar or kilograms
driver operated steering mechanism …….
182 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

(c) by way of any a tandem axle group


having four wheels on each axle ………… 16,000kg

(d) by way of a triple axle group 24,000kg.


having four wheels on each axle ………...

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.

(2) Notwithstanding subparagraph (1), the maximum total weight of any


vehicle or combination of vehicles fitted with pneumatic tyres, whether laden
or unladen, shall not exceed the following – ­

(a) vehicle with two axles ……….... 18,000kg.

(b) vehicle with three axles ………… 24,000kg.

(c) vehicle and semi-trailer with total of three


axles ……………………………….. 28,000kg.

(d) vehicle with four axles …………… 28,000kg.

(e) vehicle and drawbar trailer with total of


four axles …………………………… 34,000kg.

(f) vehicle and semi-trailer with total of


four axles …………………………… 36,000kg.

(g) vehicle and semi-trailer with total of


five axles ………………………… 42,000kg.

(h) vehicle and drawbar trailer with total of


five axles …………………………… 42,000kg.

(i) vehicle and semi-trailer with total of six


axles ……………………………… 48,000kg.

(j) vehicle and drawbar trailer with total of six


axles ………………………………. 48,000kg.

­(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.

(6) Where the application of the provisions of subparagraph (2) result


in two or more different weights being applicable to a particular vehicle, the
lower or the lowest weight shall be the maximum weight of that vehicle for the
purpose of section 55 (2) of the Act

(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.

(8) The maximum number of axles which may be fitted on any


combination of a motor vehicle and a semi-trailer or motor vehicle and drawbar
trailer shall be six.

(9) The maximum number of axles in any axle group fitted on any trailer
shall not exceed –

(a) on a drawbar trailer, 2 axles: and

(b) on a semi-trailer, 3 axles.

3. The maximum vehicle dimensions referred to in section 55 (2) of the


Act shall be as follows – ­

(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; ­

(b) the maximum overall height of a motor vehicle or combination


of vehicles, either laden or unladen, shall not exceed 4.2 metres
measured from the road surface; ­

(c) notwithstanding subparagraph (b), a vehicle body shall not be


constructed, nor shall the vehicle be loaded, to a height that will
impair its stability; and maximum body heights shall be determined
by the inspector of motor vehicles in accordance with vehicle
testing standards;

­(d) no part of a vehicle, whether laden or unladen, other than the


driving mirror or direction indicators, shall project more than 15
cm. beyond the outside wall of the outermost rear tyre; ­
184 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

(e) the maximum overall length of any motor vehicle or combination


of vehicles, together with any load projecting beyond the overall
length of the vehicle, shall not exceed – ­

(i) for a rigid chassis goods or passenger vehicle, or drawbar trailer


(in that case including the length of the drawbar in a horizontal
position), irrespective of the number of axles, 11 metres; ­

(ii) for an articulated vehicle including the semi-trailer, 17.4 metres;

­(iii) for a combination of vehicles consisting of either a motor ve-


hicle and a drawbar trailer, or a vehicle and a semi-trailer with
a drawbar trailer coupled to the latter, 22 metres. ­

4. The overhang of a vehicle shall not exceed 60 per cent of the wheel
base of the vehicle. ­

5. No load shall be carried on a 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.

7. Where a trailer or vehicle is towed on a road by a motor vehicle the


towing vehicle shall not be more than 4.5 metres long.

8. No trailer shall be used on a paved or all weather road if the weight


or dimensions of the trailer exceed those laid down for a motor vehicle having
the same number of axles as the trailer in paragraph 1 (1) and (2).

9. No vehicle or tractor fitted with crawler type shall travel on a road


which has a bituminous surface.
Rev. 2012] Traffic CAP. 403 185
[Subsidiary]

PART II - VEHICLE AXLE CONFIGURATION

Diagram 1: Rigid Body Vehicle - 2 Axles [paragraph 2 (2) (a)]

Diagram 2: Rigid Body Vehicle - 3 Axles [paragraph 2 (2) (b)]


186 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Diagram 3: Vehicle & Semi-Trailer-3 Axles [Paragraph 2 (2)(c)]

Diagram4: Rigid Body Vehicle - 4 Axles [Paragraph 2 (2)(d)]


Rev. 2012] Traffic CAP. 403 187
[Subsidiary]
Diagram 5: Vehicle & Semi-Trailer-4 Axles [Paragraph 2 (2) (e)]

Diagram 6: Vehicle & Semi-Trailer-4 Axles [Paragraph 2 (2) (e)]


188 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Diagram 7: Vehicle & Drawbar Trailer-4 Axles [Paragraph 2 (2) (f)]

Diagram 8: Vehicle Semi -Trailer-5 Axles [Paragraph 2 (2) (g)]


Rev. 2012] Traffic CAP. 403 189
[Subsidiary]

Diagram 9: Vehicle Semi -Trailer-5 Axles [Paragraph 2 (2) (g)]

Diagram 10: Vehicle & Drawbar Trailer-5 Axles [Paragraph 2 (2) (h)]
190 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Diagram 11: Vehicle & Semi -Trailer-6 Axles [Paragraph 2 (2)(i)]

Diagram 12: Vehicle & Drawbar Trailer-6 Axles [Paragraph 2 (2) (j)]
Rev. 2012] Traffic CAP. 403 191
[Subsidiary]

THIRTEENTH SCHEDULE

Maximum Volume of Bulk Liquid Tank


192 CAP. 403 Traffic [Rev. 2012
[Subsidiary] Thirteenth Schedule - (Contd.)
Rev. 2012] Traffic CAP. 403 193
[Subsidiary]
Thirteenth Schedule - (Contd.)

(ix)
[Subsidiary]

MAXIMUM ALLOWABLE VOLUME BY PRODUCT (M3) ­


194 CAP. 403

_____________________________________________________________________________________________
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

(Revoked by LN. 57/2006.)

THE TRAFFIC (DRIVING SCHOOLS) RULES L.N. 232/1971,


L.N. 167/1990,
Part 1 - Preliminary L.N. 55/2006.

1. These Rules may be cited as the Traffic (Driving Schools) Rules. Citation and
commencement.

2. In these Rules, unless the context otherwise requires— Interpretation.

“appropriate fee” in respect of any matter, means the fee specified in


regard to that matter in the First Schedule;

“certificate of competency” means a certificate, to the effect that the


person named therein has successfully undertaken a test of competency, signed
by the person conducting the test;

“class” in respect of a motor vehicle means a class of motor vehicle


specified in section 4 of the Act;

“Commissioner” means the Commissioner of Police, or any police officer


authorized by the Commissioner to exercise any of the powers or perform
any of the duties conferred or imposed upon the Commissioner by any of the
provisions of these Rules;

“driving instructor” means the holder of an instructor’s licence;

“driving school” means an establishment set up or maintained under the


authority, and for the purposes, of a valid school licence;

“Form” means the appropriate form in the Second Schedule;

“inspector” means the Chief Inspector of Driving Schools and an


Inspector of Driving Schools appointed under rule 27;

“instructor’s licence” means a licence issued under Part II of these Rules


authorizing the holder thereof, for gain or reward, to engage, or hold himself
out as being willing to engage, in the teaching of the theory and practice of the
driving of motor vehicles;

“medical certificate” means a certificate in Form 1 signed by a medical


practitioner;

“the Minister” means the Minister for the time being responsible for
matters relating to the Kenya Police Force;

“proprietor” means the holder of a school licence;


196 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
“pupil” means any person who is being given instruction in the theory
or practice of the driving of a motor vehicle by a driving instructor or driving
school;

“Registrar” means the Registrar of Motor Vehicles appointed under


section 3 of the Act;

“scheduled offence” means any of the offences specified in the Third


Schedule;

“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;

“test of competency” means a test, conducted by a person authorized in


that behalf by the Commissioner, designed to test the competency of the person
tested in respect of –
(a) his standard of driving of motor vehicles;
(b) his knowledge of the theory of such driving;
(c) his knowledge of road traffic law, road signs and the highway code;
(d) his ability to instruct others in such driving and knowledge;

“vehicle inspection report” means a report made by a person authorized


in that behalf by the Commissioner stating that, as a result of an examination
made by such person, he is satisfied that the vehicle specified in the report is
suitable in all respects for use in the teaching of the practice of driving a motor
vehicle of the class concerned.

Part II - Driving Instructors


Control of driving
3. (1) No person shall, for gain or reward, engage in, or hold himself
instructors.
out as being willing to engage in, the teaching of the theory or practice of the
driving of motor vehicles unless he is the holder of a valid instructor’s licence:

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.

(2) The Commissioner may require an applicant for an instructor’s


licence to furnish, within such reasonable time as the Commissioner may
specify, such information in addition to, or in amplification of, the matters
stated 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.

5. (1) After consideration of an application for an instructor’s licence, Issue of instructor’s


the Commissioner may– licence.

(a) refuse to approve the application; or


(b) approve the application either with or without special conditions
to which he may consider that the licence should be subject,

and the Commissioner shall endorse the application accordingly and return one
copy thereof to the applicant.

(2) Upon presentation to the Registrar of a copy of an application for


an instructor’s licence duly endorsed with the approval of the Commissioner
and accompanied by –

(a) two unmounted copies of a recent photograph of the head and


shoulders of the applicant taken full face without hat, measuring
approximately 45 millimetres long by 35 millimetres wide and
mounted on normal photographic paper; and

(b) the appropriate fee,

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.

6. Notwithstanding any other provision of these Rules, the Commissioner Restriction on


shall not approve an application for an instructor’s licence in any case where approval of
the applicant – application for
(a) has not attained the age of twenty-five years; or instructor’s licence.
(b) has not held a driving licence entitling him to drive vehicles of
the class or classes on which he wishes to give instruction for a
minimum of five years; or
(c) is ineligible, by reason of any other provision of these Rules, to
hold a licence; or
(d) has, within the period of five years immediately preceding the date
of the application, been convicted of a scheduled offence.
198 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Revocation or 7. (1) The Commissioner shall revoke an instructor’s licence if, at any
variation of time during the validity thereof, the holder of the licence is convicted of any
instructor’s licence. scheduled offence or for any reason ceases to hold a driving licence.

(2) The Commissioner may revoke an instructor’s licence, or may vary


any of the terms and conditions thereof, if, at any time during the validity of
the licence, the licence holder is convicted of any offence under the Act or any
Rules made thereunder, other than a scheduled offence, or if the Commissioner
is satisfied that –
(a) the licence holder is for any reason incapable of giving proper
instruction in the theory or practice of the driving of motor vehicles,
or of any particular class of motor vehicle; or
(b) the standing or nature of the instruction given by the licence holder
is unsatisfactory; or
(c) any of the terms and conditions of the licence have not been
complied with.

(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.

(4) Where an instructor’s licence is revoked or varied under this rule,


the Commissioner shall notify the licence holder and the Registrar accordingly
and shall require the licence holder to surrender, within fourteen days after the
date of the notification, to surrender the licence to the Registrar for cancellation
or variation, as the case may be, and if the licence holder fails so to surrender
the licence he shall be guilty of an offence and liable to a fine not exceeding
two thousand shillings.

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.

(2) Where an inspector has reason to doubt the competency of a driving


instructor as such, he may require the instructor to take a test of competency,
and in any such case the instructor shall not give any instruction to a pupil
from the time of receipt of such request until he has received a certificate of
competency as a result of such test.

(3) No driving instructor shall give any instruction to a pupil on or


concerning any class of vehicle which is not a class in respect of which the
instructor is authorized to give instruction by his instructor’s licence.
Rev. 2012] Traffic CAP. 403 199
[Subsidiary]

(4) Any driving instructor who contravenes or fails to comply with


any of the provisions of this rule or with any request made thereunder shall be
guilty of an offence and liable to a fine not exceeding five hundred shillings.

Part III – Driving Schools

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.

(2) Any person who contravenes 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.

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

(b) a comprehensive insurance policy covering each of such vehicles


as driving school vehicles.

(2) The Commissioner may require an applicant for a school licence


to furnish, within such reasonable time as the Commissioner may specify
such information in addition to, or in amplification of, the matters stated
in the application as the Commissioner may think necessary for the proper
consideration of the application, and where an applicant fails to furnish any
such information, within such time, the Commissioner may refuse to approve
the application.

(3) Before considering an application for a school licence, the


Commissioner may cause the premises mentioned in the application as the
intended location of the proposed school to be examined by an inspector in
order to ascertain whether or not such premises are suitable, and adequately
equipped, for the purposes of the proposed school.
200 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Issue of school 12. (1) After consideration of an application for a school licence, the
licence. Commissioner may –
(a) refuse to approve the application; or
(b) approve the application either with or without special conditions
to which he may consider that the licence should be subject,

and the Commissioner shall endorse the application accordingly and return one
copy thereof to the applicant together with the documents which accompanied
the application.

(2) Upon presentation to the Registrar of a copy of an application for a


school licence duly endorsed with the approval of the Commissioner, and upon
payment of the appropriate fee, the Registrar shall issue to the applicant a school
licence in Form 6, and the Registrar shall ensure that any special conditions
attached to the approval of the Commissioner are duly endorsed upon the licence.

(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.

Restriction on 13. Notwithstanding any other provision of these Rules, the


approval of Commissioner shall not approve an application for a school licence in any case
application for school where the applicant –
licence.
(a) has not attained the age of twenty-five years; or
(b)is ineligible, by reason of any provision of these Rules, to hold a
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

(b) the standard or nature or duration of instruction given is insufficient


or unsatisfactory; or
(c) the proprietor has, within any one period of three years, been twice
convicted of offences under these Rules.

(2) Before exercising any of the powers conferred by paragraph (1),


the Commissioner shall give reasonable and full opportunity to the proprietor
to make representations concerning the proposed exercise and shall then hear
and consider any such representations.

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) A school licence shall be renewed by the Registrar upon application


duly made in Form 7 and upon payment of the appropriate fee.
Rev. 2012] Traffic CAP. 403 201
[Subsidiary]
16. (1) No vehicle shall be used which is not of a class in respect of Driving school
which the driving school concerned is authorized by the school licence to give vehicles.
instruction.

(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.

(4) No vehicle shall be used unless the proprietor is in possession–

(a) of a vehicle inspection report in respect of that vehicle dated not


earlier than six months prior to such use;

(b) a current comprehensive policy of insurance covering such vehicle


as a driving school vehicle;
(c) a current policy of insurance covering the driving test examiner.

(5) No vehicle, other than a motor cycle or invalid carriage, shall be


used unless it is equipped with –

(a) a minimum dual control facility of brake and clutch;


(b) two reflecting mirrors so constructed and fitted as to enable both
the pupil and the instructor at all times to be or become aware of
the presence to the rear of any other vehicle;
(c) flashing direction indicators in full operating condition.

(6) No motor car shall be used unless it is equipped with safety belts
for both front seats.

(7) No vehicle shall be used unless –


(a) it exhibits the name and address of the driving school; and
(b) in addition to exhibiting the special plates required by rule 12 (1) (b)
of the Traffic Rules, it is clearly marked, in such a manner as to be
clearly visible by a person to the front and to the rear of the vehicle
with words “CAUTION – DRIVER UNDER INSTRUCTION”.

(8) Where any vehicle is used in contravention of any of the provisions


of this rule, the proprietor of the driving school concerned 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.
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.

Part IV - Driving Instruction

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) Where any passenger is carried in a motor vehicle in contravention


of this rule, the driving instructor concerned shall be guilty of an offence and
liable to a fine not exceeding five hundred shillings in respect of every passenger
so carried.

19. (1) No single period of instruction given by a driving school to a


Periods of instruction
pupil in the practice of driving a motor vehicle shall be less than sixty minutes
by, and charges of,
in duration.
driving school.
(2) Except where a written contract providing for a single payment in
respect of a full course of instruction is entered into between a driving school
and a pupil prior to the commencement of such course, no driving school shall
charge more than thirty-five shillings for each hour, or pro rata for part of an
hour, of instruction.

(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.

(3) The Commissioner may either approve or refuse to approve an


application under this rule and shall endorse his decision on the application
and return one copy thereof to the applicant.

(4) Upon presentation to the Registrar of a copy of an application


under this rule duly endorsed with the approval of the Commissioner, and
upon payment of the appropriate fee, the Registrar shall amend the licence
concerned accordingly.

22. (1) Where the Commissioner-


(a) refuses to approve an application under these Rules for any licence Reasons for decisions
or any variation of the terms or conditions thereof; or to be given.

(b) approves such application for a licence subject to conditions not


acceptable to the applicant; or
(c) revokes any licence under these Rules, or varies the terms and
conditions of such licence otherwise than at the request of the
licence holder,

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.

(2) Where an appeal is made under this rule-


(a) against a refusal to approve an application by reason of any of the
provisions of rule 6 or 13; or

(b) against a revocation of a licence under any of the provisions of


paragraph (1) of rule 7,

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.

26. (1) Any person who-


Penalty for (a) in any certificate, application or record issued or made for any of
misstatement, etc. the purposes of these Rules, makes any statement which, to his
knowledge, is false or in any way misleading, or which he does
not believe to be true; or
(b) makes any material alteration in any licence or record issued or
kept under these Rules,
Rev. 2012] Traffic CAP. 403 205
[Subsidiary]

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.

(2) A person convicted of an offence under this rule in respect of an


application made by him for a licence shall not be eligible to hold any licence
under these Rules for a period of five years after the date of such conviction.

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.

(3) Any person who obstructs or attempts to distract, an inspector in the


performance of his duties, or who fails to comply with any reasonable request
made by an inspector for the production of any book, record or other thing for
examination, shall be guilty of an offence and liable to a fine not exceeding
one thousand shillings.
Exemptions.
28. The Minister may give written exemption to any person or
establishment from all or any of the provisions of these Rules.

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]

L.N. 105/2002, FIRST SCHEDULE (rr. 2 and 30)


L.N. 55/2006,
Fees
Sub Leg.

Matter Fee
Sh.
Issue or renewal of instructor’s licence .............................200
Issue or renewal of a school licence....................................11,000
Variation of any licence...........................................................200
Duplicate of any licence............................................................20
Test of competency....................................................................50
Examination of a vehicle for the purpose of a
vehicle inspection report......................................................40
Appeal.....................................................................................100

SECOND SCHEDULE (r.2)


Forms

Medical Certificate Form 1

I hereby certify that I …………………………………...................


. of………………………………………………………………. (address
have today personally examined ………………………..................... of
………………………………………………………………. (address) with a
view to ascertaining his medical fitness to hold a driving instructor’s licence
with the results noted below. I further certify that I have explained the subjoined
“Declaration by Applicant” to the aforesaid and that his signature has been
affixed thereto in my presence.

Results of Examination

(a) Apparent age ……………………………………


(b) Vision without glasses R. L.
With glasses (if worn) R. L.
(c) Colour perception –
(1) (State whether normal by ishahara pseudoiso-
chromatic plate test;
(2) if not, test for signal red, signal green and amber by a
suitable lantern).
(1) …………………………………………………
(2) ……………………………....…………………
(d) Hearing ……………….…………………………………..
(e) Limbs (state whether unrestricted use of all limbs or otherwise)- ..
.............................…………………………….
…………………………….……………………….
Rev. 2012] Traffic CAP. 403 207
[Subsidiary]

(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) –
…………………………………………….....……….
......................................................................................

As a result of my examination I am/am not* satisfied that the applicant


is a medically fit person to hold a driving instructor’s licence.

Date ……………… ………………………………….


Medical Practitioner

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.

I further declare that the answers to the questions put to me by the


above medical practitioner are true and complete, and I understand that if any
statement made by me is false or misleading I am liable to a fine not exceeding
two thousand shillings.

Date ……………………… ……………………………………


Signature of Applicant

*Delete whichever is inapplicable

________________


208 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Form 2
Application for Instructor’s Licence

I hereby apply for an instructor’s licence under the Traffic (Driving


School) Rules. I certify that the particulars given below are true, that I am not
addicted to the use of narcotic drugs or to the excessive use of intoxicating liquor,
that I hold a current driving licence for all the classes of vehicles on which I
desire to give instruction, and that I am not ineligible to hold the licence hereby
applied for under any of the provisions of the above Rules –
Full name ...................................................................................
Address (postal) ..........................................................................
Address (residential)...................................................................
Age last birthday ........................................ years.
Language spoken .......................................................................
Give date of first issue of driving licence in respect of each
class of vehicle on which it is desired to give instruction
.....................................................................................................
.....................................................................................................

I have been convicted of the following offences in connexion with the


driving of a motor vehicle during the five years immediately preceding the date
of this application (if no such conviction state “None”) ...................................
............................................................

Class(es) of vehicle in respect of which it is desired to give instruction


............................................................................................................
.......................................................................................................

I enclose herewith a medical certificate in the prescribed form dated


……………...…. and a certificate of competency dated …………..
.............................................................................................……..

Date ……....................... ...................………………….


Signature of Applicant

________________
Rev. 2012] Traffic CAP. 403 209
[Subsidiary]

Form 3
Instructor’s Licence

Licence No. ……………….

………………………………………… of ……................... is hereby


authorized to give instruction in the theory and practice of the
driving of motor vehicles of class(es) ……..........................................….


Date of issue …....................………

Photograph
of Holder ……………...........................……..
Registrar of Motor Vehicles

…………………...................……
Signature of Holder

________________

Form 4
Application for Renewal of Instructor’s Licence

I, ………………………….. of ……………., being the holder of


instructor’s licence No. ……………..issued/renewed* on ………….. hereby
apply for the renewal of the said licence with effect from ……………

I enclose herewith a medical certificate in the prescribed form dated


…………………. and a certificate of competency dated ……...………

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.

Date ………………… ....................……………………


Signature of Applicant

*Delete whichever is inapplicable.

________________
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 -

Full name ..................................................................................


Postal address ..........................................................................
Location and description of premises where school is to be
established …………..........................................................
.................................................................................................
I append hereto the proposed curriculum for a complete course of driving
instruction at the proposed school (including periods of
theoretical and practical instruction).

The details of vehicles to be used at the proposed school are –

Registration Type Year of Details of


No. Manufacture Dual Controls
.................. ..................... ................... .......................
.................. ..................... ................... .......................
.................. ..................... ................... .......................

Appropriate vehicles will/will not* be available for pupil’s driving test at a


charge of ……..............................................................
Fees to be charged for –
(a) a full course of instruction ………
(b) for each hour of instruction ……………..

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.

Date …………………… .................................…………..


Signature of Applicant

*Delete whichever is inapplicable.

________________
Rev. 2012] Traffic CAP. 403 211
[Subsidiary]

Form 6
School Licence

Licence No. ……….....................


............................................................ of ………………… is hereby
authorized to establish and maintain a driving school at ………….....................
.................…… (physical site of premises) subject to the following conditions –
(a) instruction may be given only in respect of the driving of motor
vehicles of class(es) ……................................…….......….............
..............................................................................;
(b) practical instruction in driving shall only be given on the following
vehicles–
Registration No. Type of Body
..................................... ..................................................
..................................... ..................................................
..................................... ..................................................
..................................... ..................................................
..................................... ..................................................
(c) (insert any special conditions) …………………..
..................................... ..................................................

Date of issue …………… ................……………………


Registrar of Motor Vehicles

________________

Form 7

Application for Renewal of School Licence

I, …………………….. of ……………………………., being


the holder of school licence No. …………….. issued/renewed* on
………….. hereby apply for the renewal of the said licence with effect
from ………........................................................................................

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.

Date …………………… ..........................………………….


Signature of Applicant

*Delete whichever is inapplicable.

________________
212 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

Form 8

Record of Instruction Given

Name of driving school/instructor ………..............................…..

Number of school/instructor’s licence ……..........................……


Period of Instruction
Date Name of Pupil Type of Instruction
From To

Form 9

Application for Variation of Licence

I, ………..................................……… of ……….....……………., being


the holder of instructor’s/school* licence No. ……………hereby apply for the
said licence to be varied as follows–
…............................................................................……………….
…………..…............................................................................……
………….…………....…...............................................................
.............……………….………….….............................................
...............................……………….………….…...........................

Date …………………… .......................……………………


Signature of Applicant

*Delete whichever is inapplicable.


Rev. 2012] Traffic CAP. 403 213
[Subsidiary]

THIRD SCHEDULE

Scheduled Offences

Offence Section of Act

Exceeding maximum speed of vehicle 42 (1)

Exceeding local speed limit 42 (3)

Driving under influence of drink or drugs 44

Causing death by driving or obstruction 46

Reckless driving 47
214 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

L.N. 304/1964, THE TRAFFIC (NYALI BRIDGE) RULES


L.N. 44/1973.
1. These Rules may be cited as the Traffic (Nyali Bridge) Rules.

2. In these Rules, unless the context otherwise requires -

“bridge” means the bridge situated in the Municipality of Mombasa


erected across Nyali Creek from subdivision 7, Section XL VI, on Mombasa
Island to subdivision 4/6, Section I, Mainland North;

“bridge owner” means Nyali Limited or the owner for the time being
of the bridge;

“hamali cart” means a four-wheeled cart for the carriage of goods,


propelled by human energy;

“hand cart” means a two- or three-wheeled cart for the carriage of goods,
propelled by human energy;

“overtaking” means passing or attempting to pass any other vehicle


proceeding in the same direction;

“prescribed charges” means the charges which the bridge-owner is


entitled to charge the public for crossing the bridge as authorized by an
Agreement between the Government of Kenya and Nyali Limited dated the
9th day of October, 1929, as amended by an Agreement dated the 16th day of
September, 1965, or as further amended from time to time;

“toll collector” means a person or persons employed and authorized by


the bridge owner to collect the prescribed charges;

“vehicle” does not include a bicycle.

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.

6. Any person who drives a vehicle whilst on the bridge so as to overtake


any other moving vehicle except a hamali cart or a hand cart shall be guilty
of an offence.

7. Any person who drives, or being the owner or person in charge of a


vehicle causes or permits any other person to drive, any vehicle on the bridge
Rev. 2012] Traffic CAP. 403 215
[Subsidiary]
at a speed in excess of ten miles per hour shall be guilty of an offence.

8. (1) No pedestrian shall loiter on the bridge, and no vehicle or bicycle,


except in the event of accident or mechanical breakdown, shall stop on the
bridge.

(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;

shall be guilty of an offence and liable to a fine not exceeding one


thousand shillings.

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.

8C. There shall be exhibited by the bridge owner at a conspicuous place


at both the approaches to the bridge a notice or notices in English and Swahili
indicating -
(a) the amount of the prescribed charges; and
(b) the maximum weights of vehicles using the bridge as set out in
rule 8B.

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.

THE TRAFFIC (MOVEMENT) RULES


LN. 83/1970,
L.N. 204/1980, 1. These Rules may be cited as the Traffic (Movement) Rules.
L.N. 56/1983,
L.N. 210/1983, 2. In these Rules, “agricultural produce”, has the meaning assigned to
L.N. 72/1985, that term by the Agricultural Produce Marketing Act.
L.N. 180/1985.
Cap. 320. 3. (1) No commercial vehicle having a tare weight of 3 tonnes or over
shall, while carrying agricultural produce, be driven on any road between the
hours of 6 p.m. and 6 a.m.

(2) Where any vehicle is driven on a road in contravention of this rule


the driver and the owner shall each be guilty of an offence and liable -
(a) in the case of a first offence, to a fine not exceeding two thousand
shillings or to imprisonment for a term not exceeding three months
or both;
(b) in case of a second or subsequent offence to a fine not exceeding
five thousand shillings or to imprisonment for term not exceeding
six months or to both.

4. These Rules shall not apply to vehicles carrying goods which, if


prevented from moving between the hours of 6 p.m. and 6 a.m., will perish
or deteriorate.

THE TRAFFIC SIGNS RULES

L.N. 310/1974. 1. These Rules may be cited as the Traffic Signs Rules.

Citation. 2. In these Rules, unless the context otherwise requires –

Interpretation. “carriageway marking” means a traffic sign consisting of a line or mark


placed on the carriageway of a road;

“Class” in relation to any traffic sign means a sign of the appropriate


class specified in rule 3;

“kerb marking” means a traffic sign consisting of a line or mark placed


on an upstanding kerb along a road;

“longitudinal line” means a line placed on the carriageway of a road and


following approximately the direction of traffic flow;

“mandatory requirement” means the prohibition, regulation or restriction


imposed by a traffic sign;
Rev. 2012] Traffic CAP. 403 217
[Subsidiary]

“traffic sign” includes any rectangular plate, bearing an inscription


or symbol or miniature symbol or any combination thereof, which has been
authorized by a highway authority and lawfully erected therewith;
“transverse line” means a line placed on the carriageway of a road
transversely to the traffic flow and extending across that portion of the road, or
the traffic lanes, to which it applies.

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.

4. (1) Every traffic sign shall be so erected or demarcated as to be clearly Legibility.


visible to drivers to whom it is included to apply.

(2) No traffic sign shall be deemed to be unlawful merely because it is


damaged or defaced or does not conform entirely to any requirement of these
Rules provided that its significance is reasonably capable of being understood.

5. (1) Subject to section 70 of the Act–


(a) every traffic sign of Class A and Class B shall–

(i) conform to the appropriate dimensions specified in the Sched-


ule; and
(ii) so far as possible conform to the shape and relative proportions
illustrated in relation thereto in the Schedule; and
(iii) conform to the colour specified in relation thereto in the
Schedule; and

(b) the average thickness of each stroke forming part of a letter or


numeral displayed on a traffic sign of Class A, Class B or Class
C shall be not less than one-seventh of the height of such letter or
numeral.

(2) A highway authority may, in respect of any traffic sign of Class A or


Class B in the Schedule, and subject to paragraph (1) –

(a) add a rectangular plate bearing an inscription or symbol or miniature


symbol or any combination thereof; or
(b) vary the direction of any symbol in the form of an arrow; or
(c) substitute any other word or numeral that is appropriate,

to such extent only as may be necessary for the purpose of regulating or


restricting the use of vehicles or conveying a warning by means of such traffic
sign.
Effect of traffic signs
6. (1) The significance of each of the traffic signs of Class A except those of Class A.
218 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
numbered P29, P30, P39, P40 and M11 shall be a mandatory requirement and
shall, save in the case of one which prohibits, regulates or restricts the parking
or waiting of any vehicle, apply to all drivers who approach the face of such
sign from the front and who pass, or would but for the presence of such sign
be at liberty lawfully to pass, beyond such sign on to any road or part thereof
governed or affected thereby.

(2) The prohibition, regulation or restriction of the parking or waiting of


any vehicle signified by a traffic sign of Class A (other than one which merely
indicates the point of entry to a controlled parking zone) shall apply to that side
of the road at which it is situated so however that the indication given by such
a sign shall cease to apply beyond any junction on that side with another road.

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-

(a) references to crossing a continuous white transverse line placed


on the carriageway shall in the absence of such a line be deemed
to include a reference to passing beyond the point where such unit
is situated;
(b) the height of the centre of the green lens from the carriageway
shall be not less than 1.50 metres and not greater than 2.30 metres;
(c) the amber signal may be excluded from such unit in which case
it shall be so constructed that the red and the green lights are not
illuminated at the same time and that the illumination of one shall
follow the other without any appreciable interval of time;
(d )the legs which support such unit shall be painted in grey or in
alternate black and white horizontal bands of equal width.
Rev. 2012] Traffic CAP. 403 221
[Subsidiary]
Class D.
14. Subject to the Act and these Rules, carriageway markings and kerb
Carrriageway
markings may be used for the purpose of conveying a warning or information
markings and kerb
to drivers, or imposing a mandatory requirement to be obeyed by the driver of
markings.
a vehicle of any kind.

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.

(2) A carriageway marking consisting of a continuous yellow longitudinal


line in conjunction with a broken yellow longitudinal line shall prohibit the
crossing or straddling of the continuous line by every vehicle being driven
along the length of road to which the marking applies, unless-
(a) the broken line is crossed or straddled immediately before the
continuous line is crossed or straddled; or
(b) the lines are crossed for the purpose of returning to the left-hand
side of the road following a crossing or straddling which was lawful
under subparagraph (a); and
(c) in either case, such crossing or straddling can be accomplished
without endangering or inconveniencing any vehicle travelling
along the road.
White longitudinal
17. (1) A carriageway marking consisting of a continuous white
lines.
longitudinal line, other than a line used to define the extreme outer edge of
the carriageway, shall prohibit the crossing or straddling of that line by every
vehicle being driven along the length of road to which the marking applies.

(2) A carriageway marking consisting of a continuous white longitudinal


line accompanied by a broken white longitudinal line shall prohibit the crossing
or straddling of the continuous line by every vehicle being driven along the
length of road to which the marking applies, unless-
(a) the broken line is crossed or straddled immediately before the
continuous line is crossed or straddled; and
(b) such crossing or straddling can be accomplished without
endangering or inconveniencing any vehicle travelling along the
road.

(3) A carriageway marking consisting of a broken white longitudinal line


shall prohibit the crossing or straddling of that line by every vehicle being driven
222 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
along the length of road to which the marking applies at any time when such
crossing or straddling would endanger or inconvenience any vehicle travelling
in the traffic lane which is being encroached upon.

Transverse lines. 18. A carriageway marking consisting of a continuous or broken white


transverse line shall impose a mandatory requirement that every vehicle
travelling along the portion of the road or in the traffic lane to which the
marking applies shall, before crossing the line, comply with the indication
of any accompanying traffic sign of Class A or Class C and shall not proceed
beyond such line if to do so would inconvenience or endanger any 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-

(a) to comply with the movement of traffic or the requirements of


another traffic sign; or
(b) to enable a person to board or to alight from the vehicle; or
(c) to enable goods to be loaded on to or unloaded from the vehicle.

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.

(2) A carriageway marking consisting of two white transverse lines


accompanied by the traffic sign numbered P27B of Class A in the schedule
or a traffic sign of Class C shall indicate crossing place for pedestrians and
shall impose a mandatory requirement that every vehicle approaching such
crossing place shall comply with the indication given by such traffic sign and
not encroach upon the indicated area of carriageway between the lines if to do
so would endanger or inconvenience a pedestrian thereon.

(3) Any pedestrian at or in the immediate vicinity of any such crossing


place as is mentioned in this rule who is respectively using, or intending to
make use of, such crossing place shall, with due regard to the indication being
given to traffic by any accompanying traffic sign of Class C governing that
crossing place and in every case to the convenience and safety of other road
users, commence and continue to cross the area of carriageway indicated and
shall, when crossing, as soon as reasonably practicable, give way to traffic on
the carriageway.
Rev. 2012] Traffic CAP. 403 223
[Subsidiary]

(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.

(2) The mandatory requirement of a carriageway marking consisting


of one continuous yellow longitudinal line shall not apply to a vehicle joining
or leaving the road on the carriageway of which such line is placed so long as
such manoeuvre can be accomplished without endangering or inconveniencing
any other vehicle.

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.

(2) After the date of commencement of these Rules no highway authority


shall cause or permit to be placed on or near a road any traffic sign for any of
the purposes specified in these Rules which does not comply with the provisions
of these Rules.

SCHEDULE (Rules 5, 8 and 9)

Traffic Signs

Dimensions

That part of a traffic sign of Class A or Class B, other than a symbol,


which consists of -

(a) a triangle, shall be equilateral with outer sides of not less than 700
millimetres measured between each actual or theoretical corner;

(b) a circle, shall be of a diameter of not less than 600 millimetres:

Provided that in any municipality as defined in section 2 (1) of


Cap. 265. the Local Government Act, the diameter may be of not less than
300 millimetres;

(c) an octagon, shall be regular and of a perpendicular height measured


between the centres of any two opposite sides of not less than 700
millimetres;

(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

R1. STOP and do not proceed into the junction unless to do


so is possible without causing danger or inconvenience
to any other vehicle.

R2. GIVE WAY and, if traffic is approaching (from the right


or left, stop unless it is possible to proceed without
causing danger or inconvenience to such traffic.

P1. NO ENTRY. Entry forbidden to all vehicles.

P2. ROAD CLOSED. Road forbidden to all vehicles.

P3. Entry forbidden to all motor vehicles having more than


two wheels.

P4. Entry forbidden to all motorcycles without a side car.

P5. Entry forbidden to all bicycles.

P7. Entry forbidden to all pedestrians.


Rev. 2012] Traffic CAP. 403 227
[Subsidiary]

CLASS A−REGULATORY SIGNS—(Contd.)

P8. Entry forbidden to all animal drawn vehicles.

P9. Entry forbidden to all handcarts.

P10. Entry forbidden to all power driven agricultural vehicles.

P11. Entry forbidden to all heavy commercial vehicles.

P12. Entry forbidden to all motor vehicles.

P13. Entry forbidden to all motor, and animal drawn, vehicles.


Any combination of the types of vehicles prohibited may
be illustrated by the symbols.

P14. Entry forbidden to all vehicles exceeding such


measurement of width as may be shown.

P15. Entry forbidden to all vehicles exceeding such


measurement of height as may be shown.

P16. Entry forbidden to all vehicles having a laden weight


exceeding such weight as may be shown.
228 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

CLASS A−REGULATORY SIGNS—(Contd.)

P17. Entry forbidden to all vehicles having a laden weight on any


one axle exceeding such weight as may be shown.

P18. Entry forbidden to all vehicles or any combination of


vehicles execeeding such length as may be shown.

P19. Distance to be kept between moving vehicles must be not less


than such distance as may be shown.

P20. Left turn prohibited to all vehicles.

P21. Right turn prohibited to all vehicles.

P22. About turn (or “U” turn) prohibited to all vehicles.

P23. NO OVERTAKING. Overtaking of any four-wheeled motor


vehicle by any other four-wheeled motor vehicle prohibited.

P24. Overtaking of any four-wheeled motor vehicle by any other


motor vehicle whose tareweight exceeds 3,050 kg. prohibited.

P25. SPEED LIMIT. No vehicle to exceed such speed in kilometres


per hour as is indicated by the numerals.
Rev. 2012] Traffic CAP. 403 229
[Subsidiary]
CLASS A−REGULATORY SIGNS—(Contd.)

P26. Use of audible warning signals prohibited except in case of


emergency or as otherwise indicated.

P27A. STOP AT CONTROL. No vehicle to proceed


(unless authorised) beyond such form of control
as may be specified without stopping there.

P27B. STOP. CHILDREN CROSSING.

P28. PRIORITY FOR ONCOMING TRAFFIC. Drivers must


not proceed unless it is possible to do so without causing
danger or inconvenience to any oncoming traffic.

P29. END OF PROHIBITION. Marks the exit from an area


regulated by signs of Class A, and cancels their operation.

P30. End of speed limit or of such other prohibition or restriction


imposed by a Class A traffic sign as may be indicated by
symbol.

P32. NO PARKING. All parking of vehicles prohibited.The


prohibition may be limited or excluded by reference to
distance, to a period of time, or to a class or description
of vehicles, by means of a rectangular plate.

P33. NO PARKING OR WAITING. All parking and waiting of


vehicles prohibited. The prohibition may be limited or
excluded by reference to distance, to a period of time, or to
a class or description of vehicle, by means of a rectangular
plate.

P37. Parking prohibited on odd dates.


230 CAP. 403 Traffic [Rev. 2012
[Subsidiary]

CLASS A−REGULATORY SIGNS—(Contd.)

P38. Parking prohibited on even dates.

P39. CONTROLLED PARKING ZONE. Indicates to drivers


of all vehicles the point of entry to a controlled parking
zone, i.e. an area in which parking is regulated. An
indication of the nature of any restriction and of any
particular authorization may be displayed by means of
a rectangular plate (example illustrated).

P40. Marks an exit from a controlled parking zone.

M1. Requires all vehicles to turn to the left. (The direction


of the arrow may be reversed in which case all vehicles
are required to turn to the right.)

M2. Requires all vehicles to travel straight ahead.

M3. Requires all vehicles to turn to the right at the next


junction. (The direction of the arrow may be reversed
in which case all vehicles are required to turn to the left
at the next junction.)

M4. Requires all vehicles either to travel straight ahead or to


turn to the right (or to the left if the direction of the
horizontal arrow is reversed) at the next junction.
Rev. 2012] Traffic CAP. 403 231
[Subsidiary]

CLASS A−REGULATORY SIGNS−(Contd.)

M5. Requires all vehicles to pass to the left (or, if the direction
of the arrow so indicates, to the right) of the sign.

M7. Bicycles must keep to the track governed by this sign.


Entry of all other vehicles and of cattle and pedestrians
prohibited.

M8. Pedestrians must keep to the track governed by this sign.


Entry of all vehicles and cattle prohibited.

M9. Drivers of cattle must pass along the track governed


by this sign. Entry of all vehicles prohibited.

M10. MINIMUM SPEED REQUIRED. All motor vehicles must


travel at a speed in kilometres per hour of or in excess of
that which is indicated by the numerals.

M11. Cancels the requirement of the sign M10.

RAILWAY CROSSINGS:

W34. Single track crossing. - All vehicles must give way to


any train on or near the crossing.

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]

CLASS A−REGULATORY SIGNS−(Contd.)

130. CROSSING PLACE FOR


PEDESTRIANS.

CLASS B - WARNING SIGNS

W1. Sharp left-hand bend ahead

W2. Sharp right-hand bend ahead.

W3. Sharp bends ahead, the first one to the left.

W4. Sharp bends ahead, the first one to the right.

W5. Steep descent ahead.

W6. Steep ascent ahead.


Rev. 2012] Traffic CAP. 403 233
[Subsidiary]
Class B - WARNING SIGNS—(Contd.)

W7. Road narrows ahead.

W8. Road narrows (from right) ahead.

W9. Road narrows (from left) ahead.

W10. River bank or quay side (without barrier) ahead.

W11. Uneven road surface ahead.

W12. Severe bump ahead.

W13A. Severe dip ahead.

W13B. River-bed crossing (drift) ahead.


234 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Class B - WARNING SIGNS—(Contd.)

W14. Slippery road surface ahead.

W15. Road surface of loose stones ahead.

W16. Danger of falling and fallen rocks ahead.

W17. Crossing for pedestrians ahead.

W18. Section of road ahead frequented by children.

W19. Section of road ahead frequented by bicyclists.

W20. Cattle crossing place ahead.


Rev. 2012] Traffic CAP. 403 235
[Subsidiary]
Class B - WARNING SIGNS—(Contd.)

W21. Section of road ahead frequented by wild animals.

W22. Roadworks in progress ahead.

W23. Junction controlled by traffic light signals ahead.

W24. Section of road ahead frequently crossed by low-flying


aircraft.

W25. Two-way traffic ahead.

W26. Hazard ahead.

W27. Road junction ahead.


236 CAP. 403 Traffic [Rev. 2012
[Subsidiary]
Class B - WARNING SIGNS—(Contd.)

W28A. Junction ahead with road on which traffic is required


to stop or give way.

W28B. Junction ahead with road entering from the left*


on which traffic is required to stop or give way.
* Note. - or the right if symbol so indicates.

W29. Junction ahead with acceleration lane of a road


entering from the left* on which traffic is required
to give way.
*Note. - or the right if symbol so indicates.

W30. Roundabout ahead.

W31. Railway crossing controlled by barrier ahead.

W32. Uncontrolled railway crossing ahead.

W33. Distance indicators.

W36. Dangerous change in direction of road.


Rev. 2012] Traffic CAP. 403 237
[Subsidiary]

Class B - WARNING SIGNS—(Contd.)

W37. Exit from main road.

W38. Hazard demarcation.

Rules under section 119

THE TRAFFIC (SPEED LIMITS) RULES­ L.N. 62/1975,


L.N. 309/1986,
1. These Rules may be cited as the Traffic (Speed Limits) Rules.­ L.N. 139/2011.

1A. In these Rules unless the context otherwise requires—

“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

(b) All commercial vehicles, motor omnibuses, matatus and 80


public service vehicles (excluding self drive hire cars)
travelling on any type of road)
(c) Articulated vehicles and other motor vehicles not 80
drawing trailer on any type of road

2. All motor vehicles drawing one trailer on any type of road 65

3. Motor vehicles not fitted with pneumatic tyres 30

Suspensions, restrictions and limitations of the application of the Act


under section 120­­

The application of paragraph (g) of subsection (3) of section 96 of the


Act is suspended.­

Vehicles, described by reference to chassis numbers exempted from the


provision of rule 39 of the Traffic Rules - ­

237028733­ 262094417 G­­


170074­ 25317233 C­­
35100050 D­MB1230400 SC­­
26207413D­ 252095048­­
26302715 D­ BA98JP66846­­
228121798­ 26206119 C­­
BC05HT87845­ 26303644 G­­
25327240 D­ 152102634­­
BC05FY 8619­ 262089309­­
215171051­ BA98JB-70132­­
25323862 D­ 26206602 D­­
26302289 C­ MB94304SC­­
Rev. 2012] Traffic CAP. 403 239
[Subsidiary]
31601002 G­ 98131­­
BA98HT-79093­ 69743­­
M 15556­ 31600047 B­­
BA98HB74153­ 217068250­­
2302143075­­­

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.­

You might also like