Drivers risk jail for mobile phone use on the road
An accident scene at Kiambaa on the Nairobi- Nakuru highway on April 21, 2012. President Kibaki has ordered the police to arrest motorists found using mobile phones and texting while driving in a campaign to reduce road carnage. Photo/RED CROSS
President Kibaki has ordered the police to arrest motorists found using mobile phones and texting while driving in a campaign to reduce road carnage.
The directive to strictly enforce the Highway Code comes two months after the President assented to the Traffic (Amendment) Bill that provides tougher penalties for various offences to minimise loss of lives through accidents.
Speaking during the ceremony to mark 49th Madaraka Day last Friday, Mr Kibaki directed the police to enforce the law to curb road carnage that resulted in more than 3,302 deaths last year.
“I am very concerned over the rampant use of mobile phones by drivers while driving,” he said.
“We must also deal firmly with persons who drive under the influence of alcohol. I urge traffic police officers to clamp down on these dangerous habits.”
The Traffic Act outlaws use of mobile phones to make calls, text or browse the Internet while driving.
“No driver of any class of vehicle shall, while the vehicle is in motion, use a mobile phone or any other communication equipment not permanently fixed to the vehicle, which distracts or is likely to distract the driver from driving,” reads section 59A(1) of the Traffic Act, Cap 403.
The Nairobi Central Business District Association chairman Timothy Muriuki supported Mr Kibaki’s directive.
“The President has pointed out what is already in the law. We also need to rid our roads of unroadworthy vehicles,” he said.
Anyone who contravenes the law that bans use of mobile phones on the road is liable to a fine of not less than Sh10,000 and not exceeding Sh15,000 or, in default of payment, to a jail term not exceeding six months.
Driving under the influence of alcohol now attracts a penalty of 10 years in jail or a minimum of Sh500,000 in fines, or both.
Many countries including South Africa, Japan, the UK and most states in the US have banned use of mobile phones while driving.
Data on the number of accidents caused by motorists in Kenya who get distracted by mobile phone use while driving is not available.
However, in the US, use of the gadget while driving results in nearly 3,000 deaths and more than 300,000 injuries annually.
