Kimaiyo blames police for rise in road accidents

By Cyrus Ombati

Inspector General of Police David Kimaiyo has blamed his commanders for failing to enforce the new traffic rules and warned those who fail will be forced out of the service.

Kimaiyo said despite the new rules being in place, enforcement has been in question.

He revealed so far 54 people had died in road accidents in the country since January 1 and warned no commander will be spared for failing to enforce the laws.

“The IG wishes to remind all police officers that failure to enforce traffic laws is one of the major areas targeted for reform and in the New Year, the effectiveness and civility of traffic law enforcement will be taken as a major indication on those commanders who wish to embrace police reforms and those who have chosen to remain in the past,” he said in a statement.

Officers should note the country’s patience on officers who do not wish to reform is fast running out and such officers will only have themselves to blame, he said.

Commanders at all levels have, therefore, been directed to move out and reinforce police officers deployed on traffic duty to ensure that all persons breaking traffic laws are arrested and prosecuted before any fatalities occur, he said.

Kimaiyo seemed to blame the officers for the increasing cases of accidents in the past three days. He told the commanders to immediately pay attention to enforcement of the Traffic Act, including the amendments passed therein.

He said officers should also check on speeding, carrying of excess passengers, uninsured passengers, overloading and causing obstruction.

He asked passengers to help police in enforcing the laws especially in the overloading and speeding issues.

Kimaiyo directed that in respect of carrying excess passengers, police officers should not only charge the driver of the motor vehicle, but also the passengers because the law also deems them culpable for being carried as excess.

“Excess passengers riding in Public Service Vehicles are not insured or otherwise protected under any law in case of any eventuality. The public should therefore actively support law enforcement by among other things refusing to be ferried in vehicles that flout the law.”

Mr Kimaiyo added the law aims at punishing offenders and does not target the majority of civil motorists who have always used the road according to the law and with due regard to other road users.  

“It is therefore not negotiable and it will be enforced to the letter. Police should know that whereas there should be no compromise whatsoever on serious motor vehicle defects, minor violations like cracked windscreens or failing to carry triangular reflectors should be taken as an opportunity to warn the driver and educate the public as required by the law,” he said.

Kimaiyo was reacting to an incident in which an overloaded matatu plunged into a quarry killing 20 passengers in Molo on Wednesday.

The new rules came into effect last December but matatu drivers and other motorists continue to break the laws. Accidents have continued to soar and by mid December, the number of those killed on the roads had hit the 3,100 mark with more than 50,000 wounded, police statistics show.

All police officers on duty were required to enforce the new traffic laws but some say they cannot enforce the laws because of many logistics that need to be put in place.

 On Thursday, deputy head of Nairobi Area traffic command Leonard Katana said they detained 140 matatus in fresh crackdowns and charged their drivers.

He said they would continue with the crackdown on defective vehicles in the city. The law requires drivers of PSVs to undergo physical and health fitness examinations after every three years.

 The Traffic (Amendment) Act criminalises drunk driving as it proposes a stiffer penalty for those found guilty of the offence and anyone convicted of the offence will be fined Sh500,000, a ten-year jail term or both.