The Traffic (Amendment) Bill, 2026

SPECIALISSUE

Kenya GazetteSupplement No.65(National Assembly Bills No.14

REPUBLICOFKENYA

KENYAGAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2026

NAIROBI,16thMarch,2026

CONTENT

| Bill for Introduction into theNational Assembly- | PAGE | |----------------------------------------------------|--------| | TheTraffic(Amendment)Bill,2026 | 379 |

THETRAFFIC(AMENDMENT)BILL,2026

A Bill for

• AN ACTofParliamentto amend the TrafficActand forconnectedpurposes

ENACTEDby theParliamentofKenya,asfollows

• 1.This Act may be cited as the Traffic (Amendment) Act,2026.
• 2.The Traffic Act is amended by inserting the
• followingnew sectionimmediately after section107-

Period of detention of cycle. vehicle or motor

• 107A.(l)Whereapoliceofficer detainsa vehicleormotorcyclein connection with the commission of an offence under this Act,the vehicle or motor cyclemay be detained-
• (a) for use as evidence in trial of the
• offencecommitted;or
• (b)for investigation of the offence committed.
• (2)Avehicleor motor cycle detained under subsection(l)shall not be detained-
• (a)for a period not exceeding fortyeight hours from the time of detention,where a photograph or assessment report is sufficient for the purposesspecified under subsection (1)(a);or
• (b)fora periodnot exceedingfourteen days from the date of detention,for purposes of investigations under subsection (1) (b).
• (3)A police officer in charge of the policestationwherea vehicleormotorcycle is detained shall take reasonable care for the preservationof thevehicle ormotorcycle.
• (4) Nothing under this section affects thepowerofa Court tomake an order under section 121 of the Criminal Procedure Code.

Short title.

Insertion of a new section into Cap

403

MEMORANDUMOFOBJECTSANDREASONS

The principal object of thisBill is to amend the TrafficAct,Cap 403

to ensure that owners ofvehicles and motor cyclesarenot unreasonably deprived oftheirpropertywhere theirvehicles are detained to enforce the provisions ofsection 107of theTrafficAct,Cap.403.

Statementon theDelegation of Legislative Powersand limitation

offundamentalrights andfreedoms

The Bill does not delegate legislative powers;However,the Bill does

limit theright topropertyunderArticle40 of theConstitution to the extent thatapoliceofficer may detain avehicle ormotor cycleforpurposesof investigation of an offence and for use as evidence in the trial of an offence committed under theTrafficAct,Cap403.

Statement onwhether the Bill concernscounty Governments

The Bill does not concern county governments in terms of Article 110(l)of the Constitution.

Paragraph 7(b) of Part 1 of the Fourth Schedule to the Constitution provides thatpolice services including criminal law is thefunction of the

National Government.

Statement on whether the Bill is a money Bill within the meaning

ofArticle 114of the Constitution

The enactment of thisBill maynot occasion additional expenditure of

public funds.

Dated the10thMarch,2026.

ROBERT NGUIBASIL, Memberofparliament.