Table of Contents
Introduction: What are the traffic offences and penalties in Kenya?
In Kenya, common traffic offences like overlapping, speeding, obstruction, and driving without a license attract fines ranging from Ksh 500 to Ksh 100,000, depending on the severity. These penalties are outlined by the Traffic Act Cap 403, NTSA regulations, and are sometimes subject to court discretion, especially in serious or repeat cases.
This guide breaks down the most updated list of NTSA fines, explains when a court may intervene, and helps you understand how to legally respond to an offence, whether minor or serious.
Full List of Traffic Offences and Fines in Kenya
| Offence | Penalty / Fine (Ksh) | Legal Basis / Court Discretion |
|---|---|---|
| Overlapping, obstruction, or driving on pavement | 5,000 | NTSA fixed fine |
| Driving without a valid driving license | 7,000 | NTSA fine (Cap 403 Sec 30); Court may impose higher fine for repeat offenders |
| Careless driving | 10,000 or court fine | Traffic Act Sec 49; Court may escalate based on circumstances |
| Dangerous driving | Court-imposed fine + jail (up to 2 years) | Traffic Act Sec 46; Full court discretion |
| Driving under the influence | Court fine or jail (max 2 years) | Traffic Act Sec 44; Bail applicable, sentence by court |
| Using a mobile phone while driving | 2,000 – 3,000 | NTSA fixed fine |
| Worn-out tyres | 10,000 per tyre | NTSA fixed fine |
| Obstruction | 10,000 | NTSA fixed fine |
| Failure to fasten seatbelt | 500 per person | Cap 403 Sec 38 |
| Driving without insurance | Up to 20,000 or jail | Court discretion under Cap 403 & Insurance Act |
| Disobeying traffic signs or lights | 3,000 – 5,000 | Cap 403 Sec 53; NTSA fixed fine |
| Causing death by dangerous driving | Life imprisonment or fine | Traffic Act Sec 46; Full court discretion |
Court Discretion Explained
While many traffic offences are handled via spot fines or online systems, serious or repeat offences must be handled in traffic court. According to the Magistrates’ Courts Act (Cap 10), Sections 1 and 16, magistrates are legally empowered to impose penalties they “think just”. This can include increasing or reducing fines, ordering imprisonment, suspending licenses, or recommending probation.
The Sentencing Policy Guidelines also require courts to weigh aggravating and mitigating factors, such as intent, past offences, harm caused, and remorse.
Understanding Kenya’s Traffic Laws (Cap 403 & NTSA)
What the Traffic Act Says
The Traffic Act Cap 403 defines traffic-related offences and their legal consequences. It outlines:
- Driver licensing rules
- Conduct expectations
- Vehicle conditions
- Judicial procedures for traffic courts
Key Sections:
- Section 30: License offences
- Section 44: DUI
- Section 46: Dangerous driving
- Section 49: Careless driving
- Section 53: Disobeying signals
Role of NTSA
The National Transport and Safety Authority (NTSA):
- Issues fines and spot penalties
- Oversees road safety and inspections
- Manages PSV compliance
- Runs the eCitizen & TIMS payment portals
NTSA schedules fixed fines for minor offences, but does not intervene in court-level prosecutions.
You can also read our guide on how to do an NTSA logbook transfer in Kenya if you’ve bought or sold a vehicle recently.
Common Traffic Offences and Penalties in Kenya Listed
Careless Driving
Penalty: Ksh 10,000 or court fine
Law Reference: Traffic Act Sec 49
Dangerous Driving
Penalty: Court fine or jail (up to 2 years)
Law Reference: Traffic Act Sec 46
Driving Under the Influence (DUI)
Penalty: Court fine or jail (up to 2 years)
Law Reference: Traffic Act Sec 44
Driving Without Insurance
Penalty: Up to Ksh 20,000 or jail term
Law Reference: Traffic Act + Insurance Act
Driving Without a Valid License
Penalty: Ksh 7,000 or more if prosecuted in court
Law Reference: Traffic Act Sec 30(1)
NOTE: Driving without a license is a common issue in Kenya — whether it’s lost, misplaced, expired, or simply forgotten at home. See our full guide on what happens if you’re caught driving without a license in Kenya and how to handle it legally and safely.
What Happens If You’re Arrested for a Traffic Offence in Kenya?
Most minor traffic offences in Kenya attract a spot fine, but in some cases — especially for serious or repeat offences — the police may arrest you and take you to the nearest station.
Here’s what happens next:
- 📝 You’ll be booked and issued with an OB (Occurrence Book) number
- 💰 You may be granted cash bail — usually between Ksh 5,000 and Ksh 50,000
- ⚖️ You’ll receive a court summons with a date and charge details
- 📞 You have a right to contact a lawyer or next of kin
- 🚫 You should not be detained without a clear charge (protected under Article 49 of the Constitution)
If granted bail, it must be receipted. Always ask for proof of payment and clarify your court date to avoid a warrant of arrest. If bail is denied, you must be presented in court within 24 hours, except on weekends or public holidays.
According to the Magistrates’ Courts Act (Cap 10) and Constitution of Kenya, you are presumed innocent until proven guilty, and you’re entitled to fair legal procedures.
Cash Bail vs Traffic Fines in Kenya
What Is Cash Bail?
Cash bail is a deposit to secure your release after being arrested for an offence that must go to court. It is not a fine.
- If found guilty: The bail contributes to the fine.
- If found not guilty: The bail is refunded.
What Is a Fine?
A traffic fine is a final penalty for minor offences payable through:
- eCitizen portal
- NTSA TIMS
- Police station
- Traffic court (if escalated)
Want a full breakdown? Here’s our complete guide on Cash Bail for Traffic Offences in Kenya — including how it works, refund rules, and payment process.
How to Pay Traffic Fines in Kenya
Understanding traffic offences and penalties in Kenya also means knowing how to respond when fined. If you’re issued a fine by NTSA or after a court ruling, here’s how to pay it safely and correctly:
- eCitizen: Log in > NTSA services > Choose “Pay Fines” > Complete payment via M-Pesa.
- NTSA TIMS: Go to the “Offences” section to view pending fines linked to your ID or vehicle.
- Police Station: You can pay cash bail for offences that must be handled in court. Always ask for an official receipt or OB number.
- Traffic Court: For serious or disputed traffic offences and penalties in Kenya, payment is made directly to the court cashier after sentencing or a plea agreement.
Pro tip: Keep all receipts safely and screenshot eCitizen payments for your records. Non-payment may lead to arrest warrants or license suspensions.
📄 Download: Kenya Traffic Offences and Penalties Guide PDF
Looking for a ready-to-download list of all traffic offences, their penalties, and estimated court bail amounts?
👉 You can now download our free Kenya Traffic Offences and Penalties Guide PDF — a simple, updated reference for motorists, learners, and legal practitioners.
This official-style summary includes:
- Updated NTSA fines
- Minor and serious offences
- Estimated cash bail for traffic offences in Kenya
- Offence categories under Legal Notice 161 of 2016
💡 Ideal for printing, studying, or sharing with drivers and boda boda riders.
Frequently Asked Questions (FAQs)
What is the fine for overlapping in Kenya?
Ksh 5,000 via NTSA. Court not involved unless repeated.
Can I pay traffic fines via M-Pesa?
Yes, through eCitizen or NTSA TIMS.
What if I fail to attend traffic court after paying bail?
A warrant of arrest can be issued. Bail is forfeited.
Is cash bail refundable?
Yes, if you’re found not guilty or the case is withdrawn.
Can traffic offences affect my license?
Yes. Courts may suspend or cancel your license, especially for dangerous or repeated behaviour.
Where can I download the full law?
Conclusion
Understanding traffic offences and penalties in Kenya is crucial for every driver, whether you’re new on the road or an experienced motorist. While many fines are fixed and payable via eCitizen or NTSA, serious violations fall under court jurisdiction and carry heavier penalties. Courts exercise discretion as per the Magistrates’ Courts Act and Traffic Act Cap 403, meaning outcomes can vary case by case.
To stay safe—and on the right side of the law—know your rights, keep your vehicle compliant, and be aware of how the legal system handles traffic offences in Kenya.
Recommended: Forced Vehicle Ownership Transfer.
Leave a Reply