Home > Traffic Law > Your Rights During Police Stops
Naomi Mutinda, Adv. April 28, 2025 (Updated May 2026) Traffic Law

Traffic Offenses & Your Rights

A guide on what to do when pulled over or summoned to court

Police stop on highway – know your rights in Kenya

Being stopped by traffic police on Mombasa Road in Machakos can be stressful. What are your legal rights? Can you refuse to pay an "on‑the‑spot fine"? What happens if you are summoned to court for a traffic offense? This guide explains your rights under the Kenyan Constitution and the Traffic Act (Cap 403), and when you should contact a lawyer.

Key right: You have the right to remain silent and to be informed of the reason for the stop. Police cannot demand a bribe or force you to pay cash on the spot. Any fine must be by a prescribed penalty ticket paid at a bank or via e‑Citizen.

When Pulled Over – Step by Step

  • Stop safely – pull over to the side, turn off engine, stay calm.
  • Ask for the officer’s name and badge number (they must provide it).
  • Ask for the specific offense (e.g., speeding, defective lights).
  • You are not required to pay any money to the officer. If they demand a bribe, note the time, location, and uniform number, and report later to NPS or IPOA.
  • If the officer insists on payment, ask for a prescribed penalty ticket (electronic or paper) – this is the lawful way to pay a fixed fine at a bank or via e‑Citizen.
  • Do not physically resist – but you can later challenge the ticket in court.

Traffic Offenses That Can Lead to Arrest

Serious offenses include: driving under the influence (alcohol/drugs), dangerous driving causing death, driving without a valid licence, or failing to stop after an accident. In those cases, you may be arrested and taken to the police station. You have the right to one phone call and to a lawyer. Do not make any statement without legal advice.

Mandatory appearance offenses: Driving without insurance, causing death by dangerous driving, drunk driving, and driving while disqualified – these require you to appear in person; the court may not accept a fine by email or proxy.

Received a Court Summons? – What to Do

If you are summoned for a traffic offense (e.g., speeding, careless driving), do not ignore it. Steps:

  1. Read the charge sheet – know exactly what you are accused of.
  2. Attend court on the given date. Failure to appear can lead to a warrant of arrest.
  3. You can plead guilty and pay the fine indicated, or plead not guilty and ask for a trial.
  4. For serious charges (dangerous driving, DUI), hire an advocate immediately. Your driving licence and freedom are at stake.

Penalties for Common Traffic Offenses (Traffic Act)

  • Speeding – fine up to KES 10,000 or imprisonment 3 months.
  • Driving without a licence – fine up to KES 20,000.
  • Drunk driving (first offence) – fine up to KES 100,000 or imprisonment 2 years, plus disqualification from driving.
  • Dangerous driving – fine up to KES 1,000,000 or imprisonment 5 years.
  • Driving without insurance – fine up to KES 50,000 or imprisonment 1 year, plus civil liability for any accident.

How to Challenge a Traffic Ticket or Conviction

If you believe a ticket was issued unfairly, you can: (i) request the police station to withdraw the charge; (ii) appear in court and plead not guilty; (iii) engage a lawyer to negotiate a plea bargain or prepare a defence. Musyoka & Mutinda Advocates regularly handles traffic cases in Machakos – from plea negotiations to full trials.

"Your licence, your livelihood, and your liberty can depend on how you handle a traffic offence. Never pay a bribe – demand a proper penalty ticket or insist on a court appearance where your rights are protected." — Adv. Naomi Mutinda

Musyoka & Mutinda Advocates represent clients in traffic court – from plea negotiations to trials. We also assist with driving licence restoration and removal of court records (spent convictions) where possible. Contact us for a confidential consultation if you are facing a traffic summons or have been arrested.