Motorists and boda boda operators could soon breathe easier if the proposed Traffic (Amendment) Bill, 2026 sails through Parliament, ushering in long-awaited reforms to how police handle detained vehicles under the Traffic Act (Cap. 403).
At the heart of the Bill is a new provision—Section 107A—designed to introduce firm, enforceable timelines on the detention of motor vehicles and motorcycles following traffic-related offences. The move is being hailed as a major step toward restoring fairness, transparency, and accountability in traffic law enforcement.
Under the proposed law, police will no longer have open-ended authority to hold vehicles. Where evidence can be sufficiently documented through photographs or an official assessment report, detention will be strictly capped at 48 hours.
For more complex cases requiring deeper investigation, officers will be permitted to hold vehicles for a maximum of 14 days—a defined ceiling that replaces the current uncertainty many motorists face.
Legal analysts say the reform could significantly curb abuse of power and reduce the financial and logistical burden on vehicle owners, who often incur heavy losses when their vehicles are held indefinitely.
Beyond timelines, the Bill also introduces a statutory duty of care. Officers in charge will be legally required to take reasonable steps to preserve any vehicle held in police custody, addressing longstanding complaints about damage, theft of parts, or neglect while under detention.
This provision is expected to enhance professionalism within traffic enforcement units and provide a basis for accountability should vehicles be mishandled.
If enacted, the Traffic (Amendment) Bill, 2026 could mark a turning point for Kenya’s transport ecosystem—particularly for small-scale operators whose livelihoods depend on daily vehicle use.
Industry stakeholders argue that predictable legal limits will not only protect property rights but also improve public trust in law enforcement agencies.
The proposed changes reflect a broader shift toward rights-based policing and procedural clarity, aligning traffic enforcement practices with constitutional safeguards on property and due process.
As the Bill moves through legislative scrutiny, its passage could redefine the balance between law enforcement needs and citizens’ rights—ensuring that justice on the roads does not come at the cost of fairness off them.
