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Carrying passengers in private car is not illegal, says DPP's office

A senior counsel in the DPP's office has criticised the directive requiring drivers of private vehicles be related to their passengers. Photo/File
A senior counsel in the DPP's office has criticised the directive requiring drivers of private vehicles be related to their passengers. Photo/File

There is no law against carpooling, a Senior Prosecution Counsel has said.

Duncan Ondimu from the Office of the Director of Public Prosecution criticised a police directive requiring passengers travelling in private cars be related to the driver.

In a tweet directed to the National Police Service official page and IPOA, Ondimu said the Traffic Police commandant was "out of line on carpooling".

"We owe a duty to Kenyans and let them know carpooling ain't illegal. Article 50(2)(n) of the Constitution is very clear. You can't charge someone for a non-existent offence," Ondimu said on Saturday.

"You can't punish people who chose to reduce the cost of holiday by carpooling," adding there was nothing illegal in carrying non-relatives.

"What about intermarriage in families? Carpooling is not illegal," he added.

Commandant Jacinta Muthoni had directed that police to use identification cards to net private cars carrying passengers.

On Thursday, Amnesty International demanded .

While agreeing that private cars should not operate as PSVs because they lack the authority to do so, Country Director Justus Nyangaya said the order "makes no sense and has no basis in law".