This archive report was first published on 26 December 2019.
On December 26, 2019, Director of Public Prosecutions (DPP) Noordin Haji issued a directive to Inspector General of Police Hillary Mutyambai, urging police to exercise caution when arresting excess passengers in Public Service Vehicles (PSVs).
The directive came after uproar over traffic charges being preferred against excess passengers during the festive season.
According to the DPP, caution must be exercised when arresting a passenger, as the Traffic Act Cap states that the driver, conductor, and owner of a PSV carrying excess passengers are liable to a fine not exceeding Sh20,000 and an additional Sh5,000 for each person in excess of the licensed capacity.
However, the DPP noted that excess passengers should first be requested to alight the vehicle and can only be arrested and charged if they decline to comply with the order of a police officer or the owner, driver, or conductor of the PSV.
“It will be difficult to gather enough evidence to demonstrate that an excess passenger refused to comply with the order of a police officer or declined a request by the owner, conductor, and/or driver not to enter the PSV,” the DPP noted.
“Further, to assist in maintaining law and order on the road, to reduce police excesses, to assist in case of violations, to support investigations, and to mitigate any possible corruption, it may be prudent to consider providing officers assigned traffic duties with body cameras,” the DPP added.
