Killer drivers face life in prison for road crashes

Drivers who cause death through irresponsible driving will now be jailed for life if amendments to the Traffic Act are adopted as part of a new drive to reduce road carnage.

The sentence has been increased from the current ten years and is one of many changes being fronted by Gem MP Jakoyo Midiwo through the Traffic (Amendment) Bill, 2012.

Driving while under the influence of alcohol or drugs will attract longer jail terms — ten years up from the current three — and a cash penalty of Sh500,000 compared to the current Sh15,000.

“The Bill seeks to enhance the penalties for various traffic offences in order to minimise the loss of lives on Kenyan roads through accidents,” Mr Midiwo says in the preamble to the proposed law.

Police spokesman Eric Kiraithe welcomed the proposed changes but called for inclusion of all stakeholders before its enactment.
“To positively change our traffic laws, the police, the public and Judiciary needs to be involved,” Mr Kiraithe said amd called for enforcement mechanisms to be strengthened.

Kenyan roads have over the years become notorious for numerous fatal accidents with road carnage, attributed mostly to poor enforcement of laws.

Mr Midiwo is also proposing that the Traffic Police Department be disbanded with the role of enforcing traffic laws and regulations shifting to the entire police force.

However, Traffic Commandant Joseph ole Tito said this would lead to lack of accountability.

“The police force will lose its grip on the traffic situation in the country if the duties are given to the entire force,” he said.
The department has been accused of corruption, but Mr Kiraithe said disbanding it would be “ill-informed.”

Under the proposed amendments, owners, drivers and conductors of public service vehicles which carry excess passengers will have to pay Sh5,000 per extra person – over and above the Sh20,000 fine that each currently pays.

Another new requirement is that motorists will be subjected to mandatory eye check-ups every two years. Motorists who fail to observe this rule will have their licences frozen for up to three years.

Reckless drivers who overlap and or drive on pavements, walkways or through petrol stations to avoid traffic jams risk a three-month prison term, a fine of Sh30,000 or both.

Mr Tito said that low value fines are partly to blame for the high number of accidents as motorists believe they can get off easily with breaking the law.

“Fines are supposed to be punitive in order to act as deterrents.

This is sadly not the prevailing situation on our roads,” said Mr Tito.
The proposed changes also recommend that identification plates become the property of the Kenya Revenue Authority with any person who sells or transfers a vehicle being required to surrender the plates to the Registrar of Motor Vehicles first.

Those who fail to surrender their plates will face fines of up to Sh30,000 and another Sh10,000 for very extra month they continue flouting the law.
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