Purpose of the Bill

President Uhuru Kenyatta has signed into law the Traffic Amendment Bill 2021. The law amends the Traffic Act, to align it with the Constitution and to facilitate the implementation of traffic laws and regulations. The law also provides a framework for the development of strategies to ensure that operations in the traffic sector are conducted in compliance with the prevailing regulations.

Furthermore, the new law harmonizes the provisions of the Traffic Act, the National Transport Safety Authority Act, and the regulations with other traffic-related laws for the safety of road users and the general public.

Inspection of motor vehicles

The new law requires that every vehicle that has been operated for a period exceeding four years from the recorded date of manufacture shall be subjected to inspection at intervals to be determined by the National Transport and Safety Authority (NTSA). It empowers NTSA to inspect the motor vehicles or appoint third parties either individuals or organizations in writing to undertake the inspection on its behalf.

Driving under influence of a drink

The new traffic law introduces a hefty fine for a person driving a motor vehicle on the road under the influence of an alcoholic drink or a drug beyond the prescribed limits. Drunk drivers found guilty of this offense shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Furthermore, the court may order that a person so convicted of driving under the influence of alcohol be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a license.

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Speed Limit

The Traffic Act mandates the highway authority to place on or near the roads traffic signs prescribing speed limits. Prior to the amendment, the law provided that any person who violates the speed limit by more than 20km/h is liable, upon conviction to imprisonment for a term not less than three months or a fine of not less than twenty thousand shillings, or both. The new law has abolished this provision because it brought confusion in interpretation. A plain interpretation of this provision would be that a person does not commit an offense unless the speed limit is exceeded by more than 20km/h. The deletion of the provision was therefore to cure the frequent misinterpretation of the Traffic Act. 

Nonetheless, the law remains that in addition to other penalties, the driving license of an offender of speed limit shall be invalidated for a period not less than three years if the violation of the limit is by more than 20km/h; and the violation is repeated three or more different times.

Compulsory testing of Drivers

The new law has abolished the requirement that every driver of a public service vehicle must undergo compulsory testing after every two years to ascertain his or her competence. This is to provide for practicability in the operation of the transport industry and ease implementation of the Traffic Act.