Is a Traffic Offence a Criminal Offence? by Roy KimaniIs a Traffic Offence a Criminal Offence? by Roy Kimani

Is a Traffic Offence a Criminal Offence?

Roy Kimani

Roy Kimani

IS A TRAFFIC OFFENCE A CRIMINAL OFFENCE? LAWYER ANSWERS YOUR FAQS

Uploaded by: CARNVERSATIONS Uploaded at: 2024-07-25 Length: 11:11 Views: 2900 Likes: 73 Category: Autos & Vehicles

Description

Every Wednesday, join Wakili Cedric Magotsi for an informative and engaging look at the intersection of automobiles and legal issues. On "Cars and Laws," we'll explore a wide range of topics related to vehicle laws, regulations, rights, and responsibilities.
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Transcript

as indicated in our last episode this episode has been put together as a continuation of our last episode so that we may continue answering your pertinent questions kib to this episode of csin laws and as always I'll be your host w
[Music] he does not understand why traffic offenses are criminal offenses um I'll break down this kogo as brief as possible we have what is known as the criminal procedure code in Kenya criminal procedure code if you break laws you find yourself entangled with the criminal procedure code in K now the criminal procedure code specifies am a break down the types of crimes that happen in Kenya there are Major Crimes there are misdemeanors then Mur crimes is it AJ crime misdemeanor yes then CRI strict liability crimes strict liability crimes and most traffic offenses are strict liability offenses what do I means by strict liability offenses strict liability offenses off I don't need another a second person to explain this specific offense to me am I don't need another person to collaborate this off we have other parties that come together to make this offense of stealing but a traffic offense is a strict liability in essence speed limit 60 I don't need liit speed gun speed gun exed the speed limit of 60 that in itself is is a strict liability ofense driving speeds 5 km hour if you exit this 5 km/ hour now for example to that in itself is a strict liability 5 km hour whether someone whether or not in fact that is the question that that that is the proper explanation strict liability offenses and like these other offenses other criminal offenses for traffic acts for strict liability offenses complain vitim sh this road you do zero the maximum speed is 60 km hour you exed 60 km hour um estate you're supposed to drive at a maximum speed of 5 km per hour whether someone is injured or not exed your 5 km per hour it is a strict liability offense so traffic act in a fall under that specific category of of fences and the criminal laws of Kenya is on strict liability offenses and that's why traffic act criminal offenses because different types of criminal offenses so Major Crimes misdemeanors then strict liability offenses strict liability off complain victim and you break the speed limit you have you don't need to have victim as long as you don't comply with these laws you be arrested and you rign in court then that's the reason why traffic acts now fall under the CRI the criminal act and they treated as crimes in our laws of Kenya Kevin what is the purpose of registering vehicles on teams teams basically is an application under the ntsa teams near ensure possession is being transferred from one person to the other teams is also to ensure that ownership of this specific vehicle is being transferred from one party to the other now ownership transfer the documentation L book transfer from me to you so teams is the platform created by ntsa to ensure that this ownership process is transferred smoothly and it's also there to ensure that the government collects revenues e g77 how do you identify from how do we identify these persons who can get into your private C it say that police officer a uniformed police officer licensed Personnel nothing further from that every uniformed police officer police so you can easily identify a police officer inspector police number so that that person can easily be identified on the issue of licensed persons I think it's a bit vague work ntsa but again proving that this budge ntsa it becomes a huge tasku these people who have stopped you are not actually police officers they not officers they not licensed officers the only thing you can do and this is my advice just drive off drive off to the nearest police station these guys tried to identify themselves but they're not genuine people so I'm here the police officer I'm I'm here at the police station I'm here to report this incident that I was stopped by this licensed personnel I didn't feel safe the way they they identified themselves it didn't feel natural I didn't feel genuine another question Robert the officer getting into your car and driving it should he or she also be having a valid driving license I think that is one of the most important questions uniform inspector liced personnel I think we can do a petition High Court could challenge the legality of this traffic Act police officer a valid driving license how can he or she then Commander my vehicle it becomes an issue we cannot break two laws so that we can make something right if this police officer cuz the law is number inspector this licensed off officer this uniformed officer driving license cuz if this police officer does not have a valid driving license then he or she should not am cannot Commander my vehicle to the nearest police station so I think this officer who is commanding my vehicle whether he or she needs to have valid driving license so I think vess of the act the same law requiring police officer entering your vehicle also apply to City traffic officer for that so inces again again and again again sh traffic City traffic a County Traffic officer Maxim most they can do is just to clamp your vehicle officials I'm a County Traffic officer I'm traffic command city council that will be legal we do hope that all or most of your questions have been answered in our two episodes of questions and answers however don't stop posting don't stop asking questions you can always reach out to us and we Endeavor to get back to you thank you s for joining us on this episode of cars and LW as always I have been your host W and good kib [Music]
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Posted May 19, 2026

A detailed look at traffic offenses as criminal offenses hosted by lawyer Wakili Cedric Magotsi.

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