Situations in Which a Traffic Officer Can Legally Detain a Vehicle in Kenya

Before discussing the specific situations where traffic officers can detain vehicles in Kenya, it's important to understand that the law aims to balance law enforcement needs with citizens' rights. Vehicle detention is not meant to be arbitrary but must follow legal provisions outlined in various statutes including the Traffic Act, Criminal Procedure Code, and other relevant laws.

Legal Grounds for Vehicle Detention

Non-Payment of Customs Duty

The Kenya Revenue Authority has authority to detain vehicles for which import duty has not been properly paid. This includes:

• Vehicles that have been fraudulently registered
• Vehicles with registration numbers belonging to other vehicles
• Vehicles that are over-age (exceeding the eight-year rule under Kenya Bureau of Standards KS 1515:2000 standard)¹

Being in possession of a motor vehicle for which duty has not been paid constitutes an offense under section 200(d)(iii) as read together with section 210(c) of the East African Community Customs Management Act 2004¹.

Vehicles Involved in Accidents

Under Section 74 of the Traffic Act, any police officer may inspect and consequently detain a vehicle involved in an accident. The section states that police officers may "enter at any reasonable time any premises where the vehicle is" for inspection purposes².

Contravention of Traffic Laws

Section 106 and 107 of the Traffic Act provide legal grounds for detaining vehicles:

• Section 106 allows for removal of a vehicle from a road if found in contravention of the Traffic Act provisions³
• Section 107 explicitly states: "It shall be lawful for any police officer to detain at a police station or other place of safety any vehicle which has been removed from a road or other public place under section 106 until such inquiries have been made by the police as they may think necessary in the circumstances of the case"⁴

Suspicion of Criminal Activity

The Criminal Procedure Code Section 26 grants police officers power to detain vehicles under these circumstances:

• When there is reasonable suspicion that the vehicle contains stolen or unlawfully obtained items
• When there is reason to suspect the vehicle has been used in the commission of certain offenses under the Penal Code
• When the vehicle is transporting a person reasonably suspected of possessing or conveying stolen items⁵

Serious Traffic Offenses

According to the National Council on the Administration of Justice guidelines, traffic officers can detain vehicles only in serious offenses such as:

• Causing death by dangerous driving
• Driving under the influence of alcohol
• Driving a vehicle without insurance
• Excessive speeding⁶

Transportation of Prohibited or Uncustomed Goods

Vehicles may be detained if found transporting:

• Uncustomed goods (goods on which duty hasn't been paid)
• Prohibited goods
• Excisable goods with counterfeit stamps or no excise stamps¹

Limitations on Vehicle Detention

It's equally important to understand when traffic officers should NOT detain vehicles:

Minor Traffic Offenses

For minor traffic violations:

• "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"⁷
• Offenders must be granted time to pay fines or bail before any detention occurs⁶
• A suspected offender should be issued with a Court Summons or a Notification to Attend Court (NTAC) on a convenient date within seven days⁷

Roadworthy Vehicles

If a vehicle is roadworthy but the crew has committed an offense, proper procedure requires that:

• The driver pays a fine on the spot, or
• The driver is issued with a ticket to appear in court³

Improper Towing Practices

An important legal limitation is that police cannot tow away a vehicle when the owner can safely and lawfully drive it. If they do, the owner is not obligated to pay for such an illegal service³.

Procedure During Vehicle Detention

When a vehicle is legitimately detained:

1. The officer should inform the driver of the reason for detention
2. Proper documentation must be provided
3. The vehicle should be kept at a police station or other designated place of safety
4. The owner must be given opportunity to address the issue that led to detention⁴

Conclusion

While Kenyan law provides traffic officers with authority to detain vehicles in specific circumstances, these powers are not unlimited. The law emphasizes that detention should only occur for serious offenses or when absolutely necessary. For minor traffic violations, officers are directed to issue summons rather than detain vehicles or arrest drivers.

Understanding these legal provisions helps both law enforcement officers to properly execute their duties and vehicle owners to be aware of their rights when interacting with traffic officers in Kenya.