New rules to curb graft on roads

No traffic offender will be locked up in police or court cells before being given enough time to pay fines, Chief Justice Willy Mutunga has ordered.

The CJ further directed that payment of traffic fines be processed in open courts.

“The respective heads of stations shall ensure that adequate facilities are accorded to accused persons to pay the imposed fine or cash bail,” said Dr Mutunga in a statement.

The directives come in the wake of complaints by the public over widespread corruption in traffic courts. Traffic police officers have been cited as some of the most notorious recipients of bribes in the country. The traffic department is regarded as one of the most lucrative stations for police officers.

“The CJ initiated the measures to curb corrupt practices in traffic courts and to mitigate the negative economic impact of delays attributable to the pace of processing of traffic cases,” says the statement

Dr Mutunga said no accused traffic offender will be locked up in cells without first being granted time, place and adequate facilities to pay fines and bail.

“It shall be the responsibility of every head of station and presiding trial magistrate to fight corruption cartels in court corridors, courtrooms and court cells,” he said.

He warned that court officers who fail to execute the directives would face sanctions.

According to the statement, the CJ is set to hold a meeting with Inspector-General of Police Joseph Boinnet today to consider the adoption of further measures to fight corruption as recommended by the Special Working Group on Traffic in conjunction with an inter-departmental technical team drawn from key stakeholders.

Dr Mutunga noted that the recommendations follow widespread complaints from the public regarding arbitrary arrests and detention of suspected traffic offenders and the existence of kangaroo courts.

Among the recommendations to be considered for implementation is that all the people accused of committing traffic offences that attract a fine only or a jail term of less than six months should not be held in police custody.

All other offenders would be expeditiously released on reasonable bail or bond conditions pending trial, unless there are compelling reasons certified as such in a court order.

“Once a suspected traffic offender has been cited, he or she shall be issued with a notification to attend court on a convenient date within seven days or court summons, whichever is applicable, as per the resolutions passed by the National Council on the Administration of Justice,” says one of the recommendations.

The proposals further state that before a suspected offender takes a plea, the magistrate should ensure that any cash bail collected by the police from the accused is produced in court.

It is only when a traffic offender fails to pay the fine or cash bail after “reasonable” time and facilities that they would be locked up.