Traffic offenders to be released on reasonable bail terms

The National Council on the Administration of Justice has issued 12 new directives that aim at decongesting Kenyan prisons and offer quick justice to traffic offenders.

The directives were issued jointly by the Chief Justice Dr Willy Mutunga and the Inspector General of Police Joseph Boinnet in Nairobi.

Among the key highlights of the directive are, traffic offenders liable of paying a fine or imprisonment for a term not exceeding six months will not spend the night in the cold floors of the police cells.

And while at it, all booked traffic offenders shall be expeditiously released on reasonable bail or bond conditions pending charge or trial, unless there are compelling reasons certified as such by a court order.

The notification to attend court indicating the charges preferred and maximum penalty, shall be issued to all cited traffic offenders, set on a convenient date within 7 days or court summons whichever is applicable as per the resolutions passed by the governing body the National Council on the Administration of Justice.

Prosecution to apply for termination of charges

Failure to attend court to take a plea on the agreed date will automatically attract a warrant of arrest to the offender to be effected by the police.

However, the directive goes on to state that if, after 3 months the warrant of arrest remains un-executed, the prosecutor will be required to notify the court and unless cause is shown, the prosecution will be expected to apply for the termination of the matter pending the execution of the warrant of arrest.

The directive that painfully strives to avoid eventual bungling of traffic offenders into the already crowded Kenyan prisons, indicate that the court need to take every measure to accord the accused person the time, palace and facilities to pay the imposed fine or cash bail without being led to the court cells.