Bill seeks to end prolonged police detention of vehicles

A new bill before the National Assembly seeks to amend the Traffic Act to introduce a strict timeline for the detention of vehicles and motorbikes.

It proposes that vehicles be held for up to 48 hours following arrest over a traffic offence, and 14 days for a criminal offence.

The bill sponsored by Yatta MP Robert Basil says that a photograph or assessment report would suffice as evidence.

“The vehicle or motorcycle may be detained for use as evidence in the trial of the offence committed, or for investigation of the offence committed.”

“A vehicle or motorcycle detained…shall not be detained for a period not exceeding 48 hours from the time of detention, where a photograph or assessment report is sufficient,” the bill reads.

“…for a period not exceeding 14 days from the date of detention, for purposes of investigations….”

The proposed law puts a legal obligation on officers in charge of police stations mandating them to ensure ‘reasonable care’ for the vehicles detained.

For years, motorists have complained of vehicles being held for weeks or even months at police stations over minor traffic infractions.

The lengthy detentions have seen the affected, despite the loss of business, pay hefty storage fees, subjecting them to lots of frustration.

Basil said the bill aims to “ensure owners of vehicles and motorcycles are not unreasonably deprived of their property where their vehicles are detained to enforce provisions of the Traffic Act.”

The Bill does not, however, override the powers of a court.

Under Section 107A (4), nothing in the new provision affects a court's ability to make an order under Section 121 of the Criminal Procedure Code.

This means that a magistrate could still order longer detention if circumstances require.

If enacted, the bill would provide clear legal recourse for motorists whose vehicles are held for long over traffic offences.

Currently, no such statutory timelines exist under the Traffic Act, leaving detention periods largely to the discretion of the police.

There have been numerous accounts of vehicle owners facing mounting challenges to secure the release of their detained cars.

The 48-hour rule could come in handy for boda boda riders, taxi drivers, and small business owners who rely on their vehicles for daily income.

A two-day hold is far less damaging than an infinite seizure over a dispute that could be resolved with a photograph of the alleged offence.