The Process of Traffic Fines in Kenya: From Offense to Resolution

The Kenyan traffic fine system has evolved significantly in recent years, moving toward digital solutions and streamlined processes. This report examines the comprehensive journey of traffic fines in Kenya, from the moment an offense is committed to the resolution of the case, highlighting both traditional and modern approaches to traffic law enforcement.

Legal Framework for Traffic Offenses

Kenya's traffic enforcement operates under several key legislative frameworks. The primary laws governing traffic control include the Traffic Act (Chapter 403), National Transport and Safety Authority Act No. 33 of 2012, National Police Service Act, and various County By-Laws such as the Nairobi City By-Laws¹. The National Transport and Safety Authority (NTSA) works alongside the National Police Service and county government traffic marshals to enforce these regulations.

Section 117 of the Traffic Act is particularly significant as it establishes the framework for "minor traffic offenses" which can be prosecuted through a special streamlined process²³. The Traffic (Minor Offences) Rules, implemented via Legal Notice 161 of 2016, specifically outline which violations fall into this category and their corresponding penalties⁴.

Common Traffic Offenses and Associated Fines

The Kenyan authorities have established clear penalties for various traffic violations. Some of the most common include:

Speed-Related Violations

• Exceeding the speed limit by 6-10 kph: Ksh 500⁵⁶
• Exceeding the speed limit by 11-15 kph: Ksh 3,000⁵⁶
• Exceeding the speed limit by 16-20 kph: Ksh 10,000⁵⁶

Driver Behavior Violations

• Using a mobile phone while driving: Ksh 2,000⁷⁸
• Not wearing a seatbelt: Ksh 500⁷⁹
• Careless driving: Ksh 5,000 to 10,000⁹
• Driving under influence (DUI): Ksh 10,000 or possible jail term⁹

Documentation and Vehicle Compliance Issues

• Driving without proper identification plates: Ksh 10,000⁷
• Driving without a valid license: Ksh 7,000⁷
• Failure to renew driving license: Ksh 1,000⁷
• Driving a PSV without proper qualifications: Ksh 7,000⁷

How Traffic Fines are Issued

When a motorist commits a traffic offense in Kenya, the process of issuing a fine typically follows one of two paths: direct officer intervention or automated detection.

Police Notification of Traffic Offense

For minor traffic offenses, the procedure is outlined in Section 117 of the Traffic Act. When an infraction occurs, a police officer must notify the offender using the prescribed form, which serves as both a charge sheet and a summons³. This notification can be delivered in one of two ways:

1. Personal service: The officer hands the notification directly to the driver. If the driver wishes to deny the charge, they must attend court within 48 hours³.
2. Vehicle affixation: Alternatively, the officer may attach the notification prominently to the vehicle. In this case, the driver must attend court no earlier than seven days after service if they wish to contest the charge³.

The notification form contains multiple sections:

• Section A: Details of the person, vehicle, and specific charge
• Section B: For denial of charges
• Section C: For admission to charges
• Section D: Payment details
• Section E: Officer information
• Section F: Sentencing information³

Paying Traffic Fines in Kenya

Kenya has modernized its fine payment systems significantly, moving from traditional court appearances to digital solutions.

Traditional Court Process

Historically, traffic offenders had to physically appear in court, which was often time-consuming. As described by the Judiciary's Chief Registrar Gladys Shollei: "The process of paying the fine is even more excruciating than the pinch it has on your wallet or your purse... Sometimes after your friend has finished this process, you have already been taken back to the cells"¹⁰.

Modern Digital Payment Solutions

Today, Kenya offers several convenient payment options:

1. Faini Chap Chap: This mobile-based solution allows offenders to pay fines through M-Pesa using the Judiciary's pay bill number 583400. Each court has a specific code (e.g., Kibera: 1135, Milimani: 1170)¹⁰. The payment process follows seven simple steps and provides immediate confirmation.
2. eCitizen Platform: Motorists can also check for traffic offenses and pay fines through the eCitizen website by following these steps:
   • Visit the eCitizen website and sign up using National ID or KRA PIN
   • Navigate to the NTSA Services section
   • Input vehicle registration number or driver's license details
   • View outstanding offenses
   • Select payment option (M-Pesa, debit/credit card, or bank transfer)
   • Complete payment and download receipt as proof¹¹
3. Instant Fine System: In December 2020, the Transport Minister approved an instant fine payment system for minor traffic offenses in Nairobi (with plans to expand nationwide). This system eliminates the need for court appearances, vehicle towing, or cash payments, which helps reduce corruption. Offenders receive a standard receipt after making mobile money payments⁶.

Disputing Traffic Fines

Not all motorists choose to accept the charges against them. Kenya's system provides mechanisms for disputing traffic fines:

Contesting through Court Appearance

If a driver wishes to dispute a traffic fine:

1. They must fill in Section B of the notification form to indicate denial of charges
2. Pay a cash bail equal to the statutory penalty
3. Attend Traffic Court on the specified date
4. Present their case during the hearing
5. The court will then determine whether to convict and fine or acquit³

Disputing through eCitizen

For those using the eCitizen platform, the dispute process involves:

1. Contacting NTSA customer support through the eCitizen portal
2. Submitting a formal complaint with vehicle registration details, ticket number, and supporting evidence
3. Awaiting NTSA investigation and potential correction of records¹¹

Conclusion

The traffic fine process in Kenya has undergone significant modernization, transitioning from cumbersome court appearances to streamlined digital solutions. While the legal framework remains rooted in the Traffic Act and related legislation, implementation has evolved to embrace mobile money payments and online services. These developments have not only improved efficiency but also reduced opportunities for corruption in traffic law enforcement.

For motorists navigating Kenyan roads, understanding both the offenses and their associated fines, as well as the processes for payment or dispute, is essential for ensuring compliance and avoiding unnecessary complications when interacting with traffic enforcement authorities.