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KENYAN LEGISLATION

Traffic Act CAP 403 in Kenya

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Section 2 of Traffic Act CAP 403: Interpretation

In this Act, unless the context otherwise requires— “Authority" means the National Transport and Safety Authority established under the National Transport and Safety Authority Act; “bicycle” means any bicycle or tricycle not self-propelled; “cattle” includes oxen, bulls, cows, horses, camels, mules,…

Section 3 of Traffic Act CAP 403: Appointment of officers

(1) The Authority shall be responsible for the registration and licensing of motorvehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act. (2) The Authority shall appoint such licensing officers as may be necessary f…

Section 4 of Traffic Act CAP 403: Classification of vehicles

For the purposes of this Act, motor vehicles shall be divided into the following classes— (a) motor omnibuses; (b) heavy commercial vehicles; (c) commercial vehicles; (d) tractors; (e) motor-cars; (f) motorcycles not exceeding fifty cubic centimetres engine capacity; (g) motorcycles exceeding fifty…

Section 5 of Traffic Act CAP 403: Records of vehicles

(1) The Authority shall keep records of all motor vehicles and trailers registeredin Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him. (2) Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of cu…

Section 5A of Traffic Act CAP 403: Use of information technology

(1) Subject to such conditions as the Registrar may prescribe, registration,licensing or any formalities and procedures under this Act may be carried out by use of information technology. (2) For the purposes of subsection (1), the Registrar may, by notice in theGazette, specify— (a) the procedures…

Section 6A of Traffic Act CAP 403: Relocation of motor vehicles

(1) Where the owner of a motor vehicle intends to move the motor vehiclepermanently to a place outside Kenya, the owner shall forthwith, return the identification plates and registration certificate issued under this Act in respect of the motor vehicle to the Registrar for cancellation. (2) The Regi…

Section 7 of Traffic Act CAP 403: Inspection fee

The owner of a vehicle which is required under the provisions of this Part to be inspected shall, before the inspection is carried out, pay to a licensing officer the fee prescribed therefore.

Section 9 of Traffic Act CAP 403: Change of ownership

(1) No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof. (2) Upon the transfer of ownership of a motor vehicle or tr…

Section 12 of Traffic Act CAP 403: Vehicles to carry identification plates

(1) No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the prescribed number of identification plates of the prescribed design and colour on which is inscribe…

Section 13 of Traffic Act CAP 403: Production of registration book

The owner of a vehicle shall, when requested by a police officer, produce for inspection, either immediately to the police officer or within five days of the request being made, at a police station nominated by the owner, the registration certificate issued in respect of the vehicle.

Section 14 of Traffic Act CAP 403: Penalties under this Part

Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not…

Section 16 of Traffic Act CAP 403: Application for licence

(1) An application for a license under this Part shall be made to a licensingofficer in the prescribed form accompanied by the fee payable and the vehicle registration book. (2) Every vehicle more than four years old from the recorded date of manufacture shall be subjected to inspection by the motor…

Section 17 of Traffic Act CAP 403: Conditions for issue of licence

(1) A licensing officer shall issue a licence only if he is satisfied— (a) that the vehicle is duly registered; and (b) that the particulars in the registration book are correct; and (c) that the vehicle is insured against third party risks in accordance with the provisions of the Insurance (Motor V…

Section 17A of Traffic Act CAP 403: Vehicle inspection certificates

(1) Where— (a) an inspector issues an inspection report for the purposes of section 17(2) showing that a motor vehicle or trailer complies with the provisions of this Act and of any rules made thereunder; or (b) a certifying officer issues a certificate of fitness in respect of a public service vehi…

Section 19 of Traffic Act CAP 403: Fees and duration of licences

(1) Vehicle licences; other than a dealer’s general licence, may be issued forsuch periods and upon payment of such fees as may be prescribed: Provided that, where a period is so prescribed, a licence issued before the period is prescribed shall not be invalid solely by reason that the period for wh…

Section 21 of Traffic Act CAP 403: Duplicate licences

If a vehicle licence or vehicle licence certificate is lost, defaced, mutilated or rendered illegible, the Authority shall issue a duplicate licence or vehicle licence certificate on payment of the prescribed fee: Provided that any licence or vehicle licence certificate which has been lost and is su…