No police officer should put you in a cell for committing a traffic offense any more. This is according to a new set of directions on traffic cases released by the judiciary.
Further, Traffic police officers can only arrest offenders and / or detain offending vehicles in serious offences such as causing death by dangerous driving, driving under the influence of alcohol, driving a vehicle without insurance and speeding. These cases will however be fast-tracked.
If you have to pay a cash fine, only do so to an authorised court staff who will issue an official receipt. Mpesa payment system has been rolled out. Check with respective court stations. You can also pay your fine / bail through KCB Mtaani, the nearest KCB Branch or any other bank as advised by respective
The directions, which you can download here are as follows:
1). No traffic offender shall be held by police for offences punishable by a fine only or by imprisonment for a term not exceeding six months.
2). No accused persons in traffic cases will be locked up in cells without first being granted time, place and adequate facilities to pay fines or bail.
3).Traffic courts shall process payment of traffic fines in open court.
4). Release on reasonable bail or bond conditions pending charge or trial, for all other traffic offenders, shall be fast-tracked.
5). A suspected offender shall be issued with Court Summons or a Notification to Attend Court (NTAC) on a convenient date within seven days. The Notice shall state charges and indicate the maximum penalty.
6). The offender must attend court on the date and time indicated in the NTAC to take plea.
7). Before plea is taken, the Magistrate shall ensure that any cash bail collected by the Police from the suspect / accused is available in Court.
8). The offender must remit to court the maximum amount payable for the offence (s) cited if he or she opts to plead guilty in writing upon issuance of the NTAC.
9). Committal warrant for prison custody will only be issued if the offender is unable to pay the fine / cash bail after reasonable time and facilities.
10). If the offender does not attend court, the cash bail will be forfeited and a Warrant of Arrest issued.