Road damage penalty raised 20 times for motorists

A protester jumps over a burning tyre on the Kisumu-Kakamega highway. photo | tonny omondi

What you need to know:

  • The penalty for offences such as encroaching or making a fire on the road or reserves presently attract a maximum fine of Sh5,000.
  • Road authorities have recently had to publicly warn against road damage, largely through bonfires during protests and digging up or altering the surface of the road or reserve by telecoms firms.
  • KeNHA last October threatened to prosecute political protesters who burn tyres on the road.

Fines for people who damage roads will increase 20 times, hitting Sh100,000 or a jail term of up to a year in a plan to cut annual road maintenance costs through deterrence.

The penalty for offences such as encroaching or making a fire on the road or reserves presently attract a maximum fine of Sh5,000.

The proposed stiffer penalties are part of the Statute Law (Miscellaneous Amendments) Bill 2018 tabled in the House by Majority Leader Aden Duale last week.

The annual spend on road maintenance has been rising over the  years, prompting a Sh6 increase in the road maintenance levy by the Treasury in July 2016. The levy, which is deducted from every litre of petrol and diesel bought, stands at Sh18.

Road authorities such as the Kenya National Highways Authority (KeNHA) have recently had to publicly warn against road damage, largely through bonfires during protests and digging up or altering the surface of the road or reserve by telecoms firms.

Other road-damaging offences which will attract stricter fines include dumping of alien materials on the road, wilful fill-up, alteration or obstruction of any ditch or drain as well as allowing sludge or any filthy matter to flow from your building or land onto the road.

KeNHA last October threatened to prosecute political protesters who burn tyres on the road.

“Instances where the authority will encounter tyres set ablaze, we will have no option but to prosecute the culprits and recover the cost of repair from the persons who will be found culpable for having organised the demonstrations,” the agency’s chair Erastus Mwongera had said in a notice.

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