LEGAL PROVISION

Cattle herder has right to flag down motorists - law

Other than traffic police, herders are the only civilians permitted by law to flag you down.

In Summary

• Any person who contravenes or fails to comply shall be guilty of an offence and liable for a first conviction, to a fine not exceeding fifty thousand shillings or a term of imprisonment not exceeding six months.

• The law further gives the court room to cancel the culprit's driving licence.

Cows crossing the road along Likoni Lunga-Lunga road.
Cows crossing the road along Likoni Lunga-Lunga road.
Image: FILE

Most motorists drive around town and highways unaware of some traffic laws that on face value would sound ridiculous if not absurd.

But a contravention of the laws like ignoring a signal from someone herding cattle could land you in trouble, including imprisonment.

According to the Traffic Act, other than a traffic police officer, the only other person allowed by law to flag you down, and whose order you must obey, is someone herding cattle.

"The driver of a vehicle shall at all times obey any directions given, whether verbally or by signal, by a police officer in uniform, in the execution of his duty," Section 52 (a) of the Traffic Act states.

Section 52(d) of the same law states that, "Any person in charge of any cattle raises his hand or in any manner gives a signal to stop, forthwith stop his vehicle and keep it stationary for as long as it is reasonably necessary."

The law goes ahead to stipulate stringent disciplinary action against motorists who disobey the legal provision.

"Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and liable for a first conviction, to a fine not exceeding fifty thousand shillings or a term of imprisonment not exceeding six months," the law states.

It adds that if one is convicted for the same infringement for a second time, he or she should be fined not more than Sh75,000 or a term of imprisonment not exceeding one year.

The law further gives the court room to cancel the culprit's driving licence.

"The court shall exercise the power conferred by Part VIII of canceling any driving licence held by the offender and declaring the offender disqualified from holding or obtaining a driving license for a period of two years starting from the date of conviction," the law states.

So, next time you see livestock crossing the road and some rugged looking herder flags you down, for your own good, best obey.

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