Police to Lose Arresting Powers for Minor Traffic Offences Under New NTSA Reforms

Traffic police officers will soon lose powers to arrest motorists who commit minor traffic offences as NTSA and the Kenya Law Reform Commission (KLRC) undertake reforms on the traffic laws framework.

According to a statement by KLRC on Wednesday, June 24, the reforms aim to decriminalise minor traffic offences such as speeding past the speed limit, failure to wear seatbelts, among others.

In the proposed framework, those who commit minor traffic infractions will also be spared from court proceedings.

Instead, they will be required to pay the prescribed fine as outlined by the NTSA.

Those who dispute the fines will also be allowed to challenge the fines through an independent tribunal instead of a court.

Also Read: Police Powers Under the Traffic Act

According to the Traffic (Minor Offences) Rules, some of the other minor traffic offences include failure to renew a driver's licence, causing obstruction, and using a mobile phone when the vehicle is still in motion.

"The proposed reforms are expected to enhance efficiency in the enforcement of traffic laws, facilitate the timely resolution of minor traffic offences, and reduce the burden on courts by reserving judicial processes for the more serious offences," read the statement in part.

"Ultimately, the initiative seeks to support the realisation of Article 159(2)(b) of the Constitution by promoting a justice system in which disputes are resolved expeditiously and without unnecessary delay."

Currently, NTSA is rolling out the instant fine system across the country. The system involves the detection of minor traffic offences through cameras and traffic police officers stationed on the road.

Once one has been identified, they receive a notification of the offence, the place where the offence took place, and the fine payable. One has 7 days to pay the fine.

After the new system was challenged in court, NTSA introduced a provision that allows one to challenge a fine imposed on them in the courts.

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Nonetheless, despite the rollout, NTSA boss Nashon Khadavi recently admitted that there were still reforms needed to be made in law to decriminalise minor traffic offences.

According to him, minor traffic offences should be administrative rather than criminal.

"We are working with KLRC to modernise how these offences are being handled in the modern world. In the modern world, traffic offences are not criminal. The current system is actually a criminal procedure because you waive your right to go to court and pay. You accept and pay, but it is still a criminal procedure.

"The process should be administrative. End to end, it should not be touching the court. That requires an amendment to the Traffic Act, Penal Code and even the NTSA Act. That is the journey we are in right now," Kondiwa stated during his recent interview on Citizen TV.

Notably, the new traffic instant fine system also incorporates demerit points, which see NTSA award demerit points to a driver depending on their offences. Upon accumulation of a certain number of points, one faces the suspension of their driving licence for up to two years.