Minor Traffic Offences
| Legal Provision | Description of the Offence | Penalty (KES) | |
| Sections 12(1) and 14 of the Traffic Act; and Rule 7 of the Traffic Rules | Driving without affixed identification plates or plates not fixed in the prescribed manner. | 10,000 | |
| Sections 16(2) and 17A(3) of the Traffic Act | Driving a vehicle without a valid inspection certificate. | 10,000 | |
| Subsections 30(1 and 7) of the Traffic Act | Driving without a valid driving licence endorsement for the specific class of vehicle. | 3,000 | |
| Subsections 30(4 and 7) of the Traffic Act | Failure to renew a driving license. | 1,000 | |
| Sections 33(1)(c) and 41 of the Traffic Act | Driving a PSV while being unqualified. | 5,000 | |
| Subsections 36(1 and 3) of the Traffic Act | Failing to carry and produce a driving license on demand. | 1,000 | |
| Sections 42(1) and 43(1) of the Traffic Act | Exceeding the speed limit prescribed for the class of vehicle. | By 1-5 kph – WarningBy 6-10 kph – 500By 11-15 kph – 3,000By 16-20 kph – 10,000 | |
| Sections 42(3 and 4) and 43(1) of the Traffic Act | Exceeding the speed limit of 50 kph or as prescribed by a traffic sign. | By 1-5 kph – WarningBy 6-10 kph – 500By 11-15 kph – 3,000By 16-20 kph – 10,000 | |
| Subsections 45A(1 and 2) of the Traffic Act | Driving on or through a pavement or a pedestrian walkway. | 5,000 | |
| Subsections 52(1)(a) and (2) of the Traffic Act | Failure of a driver to obey any directions given, whether verbally or by signal, by a police officer in uniform, in the execution of their duty. | 3,000 | |
| Subsections 52(1)(b) and (2) of the Traffic Act | Failure of a driver to conform to the indications given by any traffic sign. | 3,000 | |
| Subsections 52(1)(c) and (2) of the Traffic Act | Failure of a driver to stop when required to do so by a police officer in uniform. | 5,000 | |
| Sections 53(1) and 67 of the Traffic Act | Obstructing by allowing a vehicle to remain in any position on the road that obstructs or causes inconvenience to other traffic using the road. | 10,000 | |
| Subsections 53(3 and 4) of the Traffic Act | Failure to display reflective triangles or lifesavers in cases where any part of the vehicle remains on the road in a position that obstructs or causes obstruction. | 3,000 | |
| Subsections 60(1 and 2) of the Traffic Act | Driving a motorcycle carrying more than one pillion passenger. | 1,000 | |
| Sections 90(2)(a) and 94 of the Traffic Act | Driving a vehicle on a footpath. | 5,000 | |
| Sections 90(2)(c) and 94 of the Traffic Act | A pedestrian willfully obstructing the free passage of vehicles. | 500 | |
| Sections 98(1) and 104 of the Traffic Act | An unlicensed person driving or acting as a conductor of a PSV. | 5,000 | |
| Sections 98(1) and 104 of the Traffic Act | Owner or operator of a PSV employing an unlicensed PSV driver or conductor. | 10,000 | |
| Subsection 101(2) of the Traffic Act | Failure to refund fare paid for the incomplete portion of the journey for which the full fare has been paid | 3,000 | |
| Subsections 103(1 and 2) of the Traffic Act | Touting. | 3,000 | |
| Subsections 103A(1 and 7) of the Traffic Act | Failure of a PSV driver or conductor to wear a special badge and uniform. | 2,000 | |
| Subsections 103B(1 and 7) of the Traffic Act | Motorcycle rider riding without protective gear. | 1,000 | |
| Subsections 103B(1 and 7) of the Traffic Act | Motorcycle passenger riding without protective gear. | 1,000 | |
| Subsections 103C(1 and 3) of the Traffic Act | A person who, while not being the designated driver of a PSV, drives the vehicle. | 3,000 | |
| Subsections 103C(2 and 3) of the Traffic Act | The driver of a PSV who lets an unauthorised person drive. | 3,000 | |
| Rule 12(1)(b) of the Traffic Rules | Learner failing to exhibit “L” plates on the front and rear of the motor vehicle. | 1,000 | |
| Rules 22A(1 and 2) of the Traffic Rules | Failure by the owner of the vehicle to have seat belts in a motor vehicle as prescribed. | 1,000 for every seat that is not fitted or is not of the proper standard or specification | |
| Rules 22A(3 and 4) of the Traffic Rules | Failure to wear a seat belt while a motor vehicle is in motion. | 500 | |
| Rules 22A(5 and 6) of the Traffic Rules | Failure of a conductor of PSV to keep seat belts in a clean, dry and generally wearable condition. | 500 | |
| Rule 25 of the Traffic Rules | Failure of a vehicle to carry reflective/warning signs (lifesavers). | 2,000 | |
| Rule 41A of the Traffic Rules | Failure to fit the prescribed speed governors in PSV and Commercial Vehicles. | 10,000 | |
| Rule 54A of the Traffic Rules | Driving or operating a PSV with tinted windows or windscreens. | 3,000 | |
| Rules 56(1 and 2) of the Traffic Rules | Failure of a PSV to carry functional fire extinguishers and fire kits. | 2,000 | |
| Rule 59A(1) of the Traffic Rules | A driver using a mobile phone while the vehicle is in motion. | 2,000 | |
| Rules 65(f) and 69 of the Traffic Rules | The driver of a motor omnibus or matatu picking up or setting down passengers in a place that is not authorised as a bus stop or terminal. | 3,000 | |
| Rules 66(1)(x) and 69 of the Traffic Rules | A passenger alighting or boarding any omnibus or matatu at a place which is not authorised as a bus stop or terminal. | 1,000 | |
| Rule 80 of the Traffic Rules | Travelling with part of the body outside a moving vehicle. | 1,000 | |
In Kenya, certain offences are classified as minor traffic offences. These offences are dealt with through a simplified legal process. This process is initiated by a police notification of a traffic offence, which works like a summons.
When a driver or vehicle owner is suspected of committing a minor traffic offence, a police officer may issue a notification in person, electronically or by attaching it to the vehicle. This notification requires the person to either pay the traffic fine or attend court on the date specified by the notification.
If the notification is served in person or electronically, the deadline to act may be within forty-eight (48) hours. If it is fixed to the vehicle, the period may be seven (7) days. A driver may also plead guilty in writing and pay the prescribed penalty without attending court. The court will thereafter confirm the conviction. If any mitigating circumstances exist, the court may consider them, reducing or refunding part of the penalty.
Failure to comply with a notification carries serious consequences. The registered vehicle owner may be held responsible unless they can prove that they were not in charge of the vehicle, and also identify the person who was. Ignoring the notification can lead to fines up to 10 times the normal penalty for a first offence and up to 20 times the penalty for repeat offences.
Tampering with or unlawfully removing a police notification is also a criminal offence, punishable by the same heavy fines. Additionally, if a notification is found torn or unreadable, the vehicle owner must report it to the nearest police station within two (2) days or risk a fine of up to Kenya Shillings One Hundred Thousand (KES 100,000).
Driving under the influence of alcohol
Under Kenyan traffic law, it is a serious offence to drive, attempt to drive or be in charge of a motor vehicle while under the influence of alcohol or drugs beyond the prescribed legal limit. It is also an offence to give alcohol to a driver or to a person in charge of a public service vehicle.
If convicted of a driving-under-the-influence (DUI) offence in Kenya, the penalties are severe. An offender may face a fine of up to Kenya Shillings One Hundred Thousand (KES 100,000), imprisonment for up to two (2) years, or both. In addition, a conviction for driving under the influence automatically results in disqualification from holding or obtaining a driving licence for at least twelve (12) months, with the court having the power to extend the period.
The law sets out strict alcohol limits for drivers:
Public service, commercial and school transport drivers – Zero tolerance. These drivers must not have any alcohol in their breath, blood or urine.
All other drivers – The maximum legal alcohol limit is 35 microgrammes of alcohol per 100 millilitres of breath, 80 microgrammes per 100 millilitres of blood or 107 microgrammes per 100 millilitres of urine.