Over-speeding by 20kph is not illegal, rules High Court


The High Court of Kenya has ruled that exceeding a speed limit by 20 kilometres per hour is not illegal. High Court judge Ngenye Macharia directed the Attorney General’s office to take up the obligation to harmonize provisions in the Traffic Act, which were pointed out as creating confusion.

The ruling came after police took Mr. Ankush Manoj Shah to court accusing him of driving at 120kph instead of 100kph.

“An offence could only have been committed if Mr. Shah was driving in excess of 120 kph,” the judge ruled.

Principal magistrate BM Nzioka also recently barred traffic police officers from imposing vehicle towing charges on drivers, ruling that there is no law that compels offenders to pay fees to private entities.

“This money goes to individual pockets and it is an abuse of power for civil servants to facilitate such an activity,” he ruled.