SPECIAL ISSUE 2633

Kenya Gazette Supplement No. 165 2314 SSp!91!!!!.?!19

( Le g i s I at iv e S rry I I S)
"y "14o.
LBc.c.r NorrcBNo. 161
THE TRAFFIC ACT
(Cap.4O3)
IN EXERCISE of the powers conferred by section I 17 of the
Traffic Act, the Cabinet Secretary for Transport, Infrastructure, Housing
and Urban Development makes the following Rules:-

THE TRAFFTC (MTNOR OFFENCES) RULES,2016

1. These Rules may be cited as the Traffic (Minor Offences) citation
Rules,2016.
2. The minor traffic offences which may be dealt with and offences.
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 Penaltv

respect of each of the minor traffic offences specified in the First
Schedule shall, for the purposes of section 111 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 Form.

under section lll of the Act shall be the form set out in the Second
Schedule.

5. The Traffic (Minor Offences) Rules, 1975 are revoked.

ii,,ii6i'i;,
FIRST SCHEDULE (r.2)
Section of the Act or Rule of the Nature of Offence Penalty
Trffic Rules (KSh.)

Section l2(l ) and 14 Rule 7 of Driving without identification

Traffic Rules plates affixed or plates not
fixed in the prescribed manner 10,000
Section 16(2) and l7A(3) Driving a vehicle without a
valid inspection certificate
inspected 10,000
Section 30(l) and (7) Driving without a valid driving
license endorsement in respect
of the class of vehicle 3000
Section 30(a) and (7) Failure to renew a driving
Iicense 1,000
Section 33(l)(c)and 41 Driving a PSV while being
unqualified 5,000
 2634 Ken ya S ub sidiary Le g is lation, 20 I 6

Section of the Act or Rule of the Nature of Offence Penaltv

Traffic Rules (KSh.)

Section 36(l) and (3) Failing to carry and produce a 1,000

driving license on demand

Section 42(l) and 43(l) Exceeding speed limit By l-5 kph -

prescribed for class of vehicle Warning
By 6-10 kph - 500
By ll-15 kph -
3000
By 16-20 kph -
10,000

Section 42(3), (4) and 43(l ) Exceeding speed limit of 50 kph By l-5 kph -
or as prescribed by a traffic sign Warning
By 6-10 kph - 500
By 11-15 kph -
3000
By 16-20 kph -
10,000
Section 45A( I ) and (2) Driving on or through a
pavement or a pedestrian
walkway 5000

Section 52(l)(a) and (2) Failure of a driver to obey any

directions given, whether
verbally or by signal, by a
police officer in uniform, in the
execution of their duty 3,000

Section 52(lXb) and (2) Failure of a driver to conform to

the indications given by any
traffic sign. 3,000

Section 52(1)(c) and (2) Failure of a driver to stop when

required to do so by a police
officer in uniform. 5,000

Section 53(l) and 67 Causing obstruction by allowing

a vehicle to remain in any
position on the road so as to
obstructing or causing
inconvenience or to other traffic
using the road. 10,000

Section 53(3) and (4) Failure to display reflective

triangles or lifesavers in cases
where any part of the vehicle
remains on the road in a position
so as to obstructing or causing
obstruction 3,000

Section 60(l) and (2) Driver of motor cycle carrying

more than one pillion passenger r,000
 Kenya Subsidiary Le gislation, 20 I 6 2635

Section of the Act or Rule of the Nature of Offence Penalty

Traffic Rules (KSh.)

Section 90(2)(a) and94 Driving a vehicle on a footpath 5,000

Section 90(2Xc) and94 Pedestrian willfully obstructing

the free passage of vehicles. 500
Section 98(1) and 104 Unlicensed person driving or
acting as a conductor of a PSV. 5,000

Section 98(1) and 104 Owner or operator of PSV

employing an unlicensed PSV
driver or conductor. 10,000

Section l0l(2) Failure to refund fare paid for

incomplete portion of journey
for which full fare has been paid 3,000

Section 103(l) and (2) Touting. 3,000

Section l03A(l) and (7) Failure of a PSV driver or

conductor to wear special badge
and uniform. 2,000
Section l03B(l) and (7) Motorcycle rider riding without
protective gear. 1,000

Section l03B(l) and (7) Motorcycle passenger riding

without protective gear. 1,000

Section 103C(l) and (3) Person who while not being the
designated driver of a PSV
drives the vehicle.
3,000

Section l03C(2) and (3) The driver of a PSV who lets an

unauthorized person to drive 3,000
Rule l2(l)(b) Learner failing to exhibit "L"
plates on the front and rear of
the motor vehicle. 1,000
Rule 22A(1) and (2) Failure by owner of vehicle to 1000 for every seat
have seat belts in motor vehicle that is not fitted or,
as prescribed in Rule 224(l) is not of the proper
standard or
specification
Rule 22A(3) and (a) Failure to wear seat belt while
motor vehicle is in motion. 500
Rule 22A(5) and (6) Failure of a conductor of PSV to
keep seat belts in a clean, dry
and generally wearable
condition 500
Rule 25 of a vehicle to carry
Failure
reflective/warning signs
(lifesavers) 2000
 i
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2636 Kenya Strbsidian, Legislution, 20 I 6
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Section of the Act or Rule of the Nature of OJfence Penali'
Trffic Rules (KSh.) I

Rule 41A fit prescribed speed

Failure to
governor in PSV and
Commercial Vehicle 10,000
Rule 54A Driving or operating a PSV with
tinted windows or windscreen 3,000
Rule 56(1) and(2) Failure of a PSV to carry
functional fire extinguishers and
fire kits 2,000
Rule 59A(1) Driver using a mobile phone
while vehicle is in motion
2.000
Rule 65(f) and 69 The driver of a motor omnibus
or matatu picking or setting
down passengers in a place that
is not authorized as a bus stop or 3,000
terminal
Rule 66(1)(x) and 69 A passenger alighting or
boarding any omnibus or matatu
at a place which is not
authorized as a bus stop or
terminal 1,000
Rule 80 Travelling with part of the body
outside moving vehicle 1,000

SECOND SCHEDULE G.a)

THE TRAFFIC ACT
THE TRAFFIC (MINOR OFFENCES) RULES,2016
POLICE NOTIFICATION OF TRAFFIC OFFENCE
(xForm to be filled in triplicate)
SECTION A-PARTICULARS OF PERSON.
Name... ID No.
Driving license No. ... Tel No...
You are charged with offence(s) No. (s)... (See reverse)

Committed at ... . ... ... . .. on 20... . ...

1

at ......... ...........a.m./p.m.
SECTION B-DENIAL OF CHARGES.
(To be completed only when a person denies the charge)

l. You are hereby requested to attend at the Traffic court, ... on the .........
day of... 20.... at AM. to answer the said charge(s).
 I

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Kenya Subsidiart Le g islation, 20 1 6 2631
i
2. Ball given .. (Bail amount to be equal to statutory penalty
contained in the Schedule) * Bail in form of hard cash is strictly not allowed.
SECTION C-ADMISSION TO CHARGES
(To be completed only by a person who admits the charge)
I admit the charge(s) specified on the front of this notification.
Full name (IN BLOCK LETTERS)

Signature

Mitigating circumstances if any

FOR POLICE USE ONLY

SECTION D-PAYMENT DETAILS.
(Payment to be made upon admission or denial of charge)

Confirmation reference no:-... ...

Time...... ... Date...... Amount....

I
SECTION E-Details of Police Officer.
Name... ... Tel No......
I
I
, Station Time..
..... Badge No...
a.m./p.m.

Dateof Issue ..........,20....

Signature of issuing officer

FOR COURT USE ONLY

SECTION F-Sentencing. (For Coun Use Only.)

" "' (Reverse or Porice

*",,n"",,",
";;.";;;;;""ce)
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
Dated the 30th August,2016.
JAMES MACHARIA,
for Transport,
Cabinet Secretary
Infrastructur e, Housing and Urban D evelopment.