The government will start imposing instant fines on minor traffic offences in the next 30 days, Interior Cabinet Secretary, Fred Matiang’i said on Wednesday.
Dr Matiang’i said the rules would enhance convenience in the judicial process and reduce the number of inmates in prisons.
The CS announced that together with his counterparts; Joe Mucheru (ICT) and James Macharia (Transport and Infrastructure), they had formed a taskforce that will come up with the best framework for implementing the new rules.
The taskforce, which will be chaired by principal secretary in the Ministry of Transport, Esther Koimett, will lead consultations with the Judiciary, the National Transport Safety Authority (NTSA), and the offices of the Attorney-General and Solicitor-General to see to it that the new regulations take effect as planned.
“These rules make economic sense since most of the traffic offenders held in remand end up paying fines less than the amount the government spends to sustain them,” Dr Matiang’i said at the Kenya School of Government where he officiated the opening of the Inspector-General’s Conference.
Matiangi’s new order on Traffic rules affecting all Kenyan motorists @KenyanTraffic @Ma3Route https://t.co/1r5llVbxPP
— Qbét™ ?? (@dktarus) September 12, 2018
Justice John Mativo yesterday said the Traffic (Minor Offences) rules were necessitated by the need to curb corruption in the traffic department of the police service, speed up cases and bring sanity on roads.“A task force comprising various stakeholders recommended the drafting of the rules,” Justice Mativo said.
“This court hoists high the need to combat corruption, restore sanity and observe the law on our roads.”
The case, filed by Kenya National Union of Co-operatives employees, sought to have the rules nullified and police stopped from applying them. They said imposing such fines is the work of courts.
According to the co-op workers, the regulations restricted access to justice, denied the “offenders” the due process of the law and the benefits of a fair trial.
The judge, however, said it would be pointless to have a person desiring to plead guilty be compelled to attend court only to do the same.
“Besides, if well managed and the payment of fines is automated, it can eliminate corruption and serve a legitimate purpose,” Justice Mativo said.
He added the rules allow the suspected traffic offenders the choice of not pleading guilty upon being served with the notice.
Should one deny the offence, the judge said, the offender is admitted to bail and would have his day in court.
He added that instant fines can prevent minor cases reaching court, saving time and money.