Joy for motorists as court rules exceeding speed limit by 20-kph not illegal
Motorists have a reason to smile this festive season after the High Court ruled that exceeding a speed limit by 20 kilometres per hour is not illegal.
The court has in the past made other decisions stopping traffic police officers from breaking the law by arresting motorists on flimsy grounds.
Principal Magistrate BM Nzakyo recently barred police officers from imposing vehicle towing charges on drivers.
He said there is no law that compels offenders to pay fees to private entities.
ABUSE OF POWER
“This money goes to individual pockets and it is an abuse of power for civil servants to facilitate such an activity,” the magistrate said.
In yet another case, the National Transport and Safety Authority recorded a consent in court with the Law Society of Kenya and promised not prosecute motorists who exceed the 50kph speed limit rule on roads with no signs.
The authority also promised to erect signs in areas with speed humps.
In the latest ruling, High Court Judge Ngenye Macharia directed the Attorney-General’s office to take up the obligation to harmonise provisions in the Traffic Act, which, she said, were creating confusion.
WRONG PENALTIES
Mr Ankush Manoj Shah filed the case, saying he had been charged unlawfully and subjected to wrong penalties.
The police wanted Mr Shah to be jailed for not less than three months or pay a Sh20,000 fine or both.
However, Justice Macharia said Mr Shah was driving within limits and that no offence had been committed.
Police said he was doing 120kph instead of 100kph.
“An offence could only have been committed if Mr Shah was driving in excess of 120 kilometres per hour,” the judge ruled.
