It’s murder case for d***k drivers as NTSA moves in

Do you cross the road while on the phone, or while wearing earphones? If so, your goose is cooked as the National Transport and Safety Authority (NTSA) revives the Traffic Act.

The authority’s  programme manager, Samuel Musumba, says they are reviewing the Traffic Act and “intend to hold to account everyone involved in an accident, including pedestrians”.

He adds that in an accident  involving a pedestrian, the driver is usually blamed even when the pedestrian is at fault.

“You will find a pedestrian crossing the road at a non-designated area while speaking on the phone, or with headphones. Much as the driver will hoot, they cannot hear. Kenyans seem to expect the driver to see them, even on high-risk areas, “he notes.

Musumba says this will change soon after the law review. Key areas will include crossing the road at non-designated areas, or while on phone. He adds that the punitive measures will deter Kenyans from walking into their own graves.

Go scot free

Currently, the law does is silent on pedestrians who cause accidents through carelessness. The majority go scot free.

Pedestrians are not the only ones targeted in the review of the laws, whose main  intention is to fill gaps in law that have made lawless Kenyans walk away free.

Musumba says the new law will define drunk and driving because the current law is vague on what amounts to being drunk.

“We want to quantify the amount of alcohol a person can take and drive. We will be defining how many bottles of beers or quantity of alcohol amounts to being drunk and a crime if found driving, “he notes.

The NTSA official says this will help in proving their cases in court when prosecuting such drivers as the current law requires an officer to quantify the alcohol during prosecution and that is how the majority of drunk drivers have gone free.

Also, the authority intends to redefine the law around drunk drivers who cause accidents and either kill or injure people.

Musumba says they want such suspects to be prosecuted with murder instead of causing death by dangerous driving which under Traffic Act, the charges carries a maximum, though not a mandatory, a sentence of 10 years imprisonment.

“When someone causes the death of the other person because of their carelessness, it is prudent they be treated with the same measures by facing serious charges like murder, “he adds.

He says serious punishment like heavy fines or heavy sentences or both will eventually deter drunk driving and push Kenyan drivers to be responsible while on the roads.

The safety authority will be working to reduce the speed drivers should use while using populated roads.

Musumba says they will be defining the populated areas and drivers will be required to drive at 30km/hr in these areas, mainly because there is constant movement of pedestrians, or host schools and children’s playgrounds.

The authority will also tighten the laws on safety compliance targeting sacco and companies that own long distance buses.

“We want sacco and bus companies to invest in the safety of their passengers and we will be redefining penalties for those who fail to comply and still want to operate on Kenyan roads,”Musumba says.

Even though the reviewing process is at an early stage,Musumba says they expect the amendments to be ready by July.