Lawyers want agencies enjoined in traffic suit

The Law Society of Kenya has filed an application seeking to have two agencies enjoined in a case in which it is seeking to have traffic commandant Samuel Kimaru suspended.

The society wants the National Transport and Safety Authority and the Independent Policing Oversight Authority to be included in the suit against the traffic chief.

LSK says that Mr Kimaru admitted to lack of enforcement of the traffic rules, but shifted responsibility and legal liability to IPOA.

The society claims that Mr Kimaru agreed that speeding was a major cause of road accidents, but that according to him, tampering or driving without a speed governor is not an offence.

“Evidently the traffic commandant is unaware of his duty to enforce the regulation despite the fact that it is clearly an offence punishable by a fine or imprisonment,” read part of the grounds upon which the application was made.

According to the law society, there is lack of enforcement of the laws in respect to fitting public service vehicles with speed governors and not tampering with them.

LSK is seeking to have the National Police Service Commission compelled to suspend Mr Kimaru for alleged neglect of duty.

The law society claims that IPOA and the NTSA should be enjoined in the case because their presence in court is necessary in order to enable the court adjudicate and settle the matter.