LOOPHOLES

EACC calls for review of Traffic Act to curb corruption

Mbarak says the traffic department is rotten because junior officers are forced by their seniors to collect bribes.

In Summary

• Mbarak said the previous amendments of the Act created more loopholes and exacerbated the vice rather than curbing it.

• Mbarak said the officers take advantage of the strict traffic offence penalties and huge fines to solicit bribes from desperate traffic offenders.

EACC CEO Twalib Mbarak and Kwale Governor Fatuma Achani addresses the media at Chale Island in Msambweni subcounty, Kwale county, on Monday, October 9, 2023.
EACC CEO Twalib Mbarak and Kwale Governor Fatuma Achani addresses the media at Chale Island in Msambweni subcounty, Kwale county, on Monday, October 9, 2023.
Image: SHABAN OMAR

Ethics and Anti-Corruption Commission boss Twalib Mbarak has called for a review of the Traffic Act to curb corruption. 

He said the current Traffic Act paves the way for corrupt officers to swindle money from the public. 

He said the previous amendments of the Act created more loopholes and exacerbated the vice rather than ending it.

"While amending the Traffic Act, our MPs imposed heavy fines thinking stringent measures would help but instead ended up aggravating the situation," he said.

Mbarak said the officers take advantage of the strict traffic offence penalties and huge fines to solicit bribes from desperate traffic offenders.

He said one opts to give an officer "something small" to escape the long court procedures and heavy fines.

The EACC boss said criminalising traffic offences has largely contributed to corruption.

"In Kenya, traffic offences are treated like criminal offences and that's where the problem is," he said.

He made the remarks on Monday during a press briefing at Chale Island in Kwale county.

Mbarak said there is a need for the government to come up with a streamlined system for addressing traffic offences.

He said the process must be conducive and convenient for traffic offenders.

Mbarak also called for automation of the traffic offences fines to reduce congestion in courts and to effectively deal with corruption.

He said countries like Tanzania have gone digital and people pay traffic fines at their convenience by using their phones.

Mbarak said adopting technology and developing suitable laws in dealing with traffic offences will deter rogue police officers from taking bribes.

He said the welfare and well-being of police officers must be addressed.

Mbarak said the traffic department is rotten because junior officers are forced by their seniors to collect bribes.

He said most of the police officers the agency has arrested while taking bribes claim that some police commanders, OCPDs and OCSs have set a particular target that each traffic officer must take back in the evening.

Mbarak said those who fail to comply are often transferred to less busy roads or hardship areas where it is hard to get money.

He said the situation has turned roadblocks into extortion centres where junior officers are forced to take bribes openly without fear.

Mbarak said people must take individual responsibility in fighting corruption adding that those in power also spearhead the vice.

He said most Kenyans like shortcuts and do not want to obey the law.

Mbarak said in Nairobi, various senior signatories misuse their powers to violate traffic rules.

He called for collective responsibility in fighting corruption, adding that EACC alone can't address it.

Mbarak said people must shun the culture of bribing and reporting perpetrators.

WATCH: The latest videos from the Star