40% criminal offences are traffic-related, Nairobi leading

A motorist is arrested in the Nairobi CBD for a traffic offence. /FILE
A motorist is arrested in the Nairobi CBD for a traffic offence. /FILE

Forty per cent of all criminal offences in Kenya's courts are traffic-related, a report by the DPP states.

The report released on Friday shows Nairobi accounts for the highest number of these cases -

13,900.

Nairobi, Narok, Mombasa and Nakuru recorded more traffic cases than other criminal ones during the survey period.

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The research took place at Makadara, Naivasha and Kagundo police stations

from

July 1 to December 31 last year, and was representative of the situation in all 47 counties.

Analysis of the case studies from the three stations revealed that a total of 5,040 traffic cases were registered in that period.

On average, 70 traffic cases were registered per week with Makadara averaging 144, Naivasha 63 and Kagundo three.

The ODPP reported that Tana River had the least number of cases - six.

CHALLENGES

The report states that the need to expedite traffic offences HSS exceeded the capacity of the courts and that the enforcement of traffic laws has been inefficient.

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The prosecution, it adds, was also unable to cope with the workload.

Deputy director of public prosecution Dorcas Owuor/ EZEKIEL AMING'A

The average conviction rate of traffic cases stood at 92.5 per cent while

73 per cent of those convicted pleaded guilty.

The report noted that failure by police to enforce summons and warrants of arrest issued by the court slows down the process.

"The number of cases relating to traffic offences is very high compared to other cases. Lack of evidence at the time of registering the charge is a challenge," the report read.

The DPP said the Traffic police officers arrest traffic offenders and present them for a plea in court without statements

and exhibits.

"This makes it difficult for prosecutors to make conclusions at the Court. Scenes of crime are not readily available during

presentations," the report said.

DPP said

failure by police to enforce summons and warrants of arrest issued also hinders the cases.

"Unavailability

of computer printouts due to the irregular maintenance

of

breathalyzers. Speed limit signposts are not conspicuously

displayed

on public

roads settling a case by police in police stations and lack of previous records," it read.

"Sufficient evidence owing to single witness mostly the investigation officer also slows down the process."

A traffic case on average takes 20, days to be concluded.

'RECOMMENDATIONS'

The report noted that there was need for urgent re-evaluation of the enforcement of traffic laws and their responsiveness to the needs of ordinary Kenyans

"A review of traffic laws,

classification of traffic offences and

exploring the viability of decriminalizing

of minor traffic offences should be done," it read.

A file photo of traffic on the Thika Super Highway. /ENOS TECHE

According to the report,

self-regulation of matatu saccos or Matatu stakeholders should be carried out.

"Consider the effects of existing legislation administrative instructions and guidelines regarding the current situation," the report showed.

The report also noted that the adoption of electronic money transfer system in cases of lines,bail and bill number should be considered.

"Establishment of a database for traffic offenders and

review of traffic fines. Digitization of driving license should be done for each driver," it noted.

"Strict application of prosecution policy and guidelines,

enforcement of compliance by all stakeholders,

exploring

more efficient ways of processing traffic offenders and

giving traffic

offender time to pay fines."

Last year,

Nairobi got a new transport monitoring and control system that prevents the frequent gridlocks in the city and bribe demands for traffic offences.

The project was overseen by the Kenya Urban Roads Authority and implemented in phases from September.

“The system will reduce human interface and help in the collection of useful data for decision-making. We expect a drastic change in driving behaviour among motorists as traffic offenders will have no option but pay fines rather than a bribe,” Kura acting director general Silas Kinoti said.

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