Police commanders have been ordered to detain vehicles found overlapping.
Deputy Inspector General of Kenya Police Douglas Kanja sent a memo to all police commanders informing them of having received complaints regarding harassment on roads and highways by unauthorized persons using strobe lights, light bars, sirens, and lead/chase cars.
“In addition, no driver will be allowed to overlap or use the wrong side of our Roads or Highways other than as provided in the Laws and Regulations,” said Kanja in the memo dated February 16.
There has been an increase in incidents where motorists overlap with impunity.
Most of them usually are those with government vehicles or well-connected.
Kanja commands the traffic department.
He said Traffic Act Cap 403 sec 34 outlines the use of sirens and strobe lights.
Further, the traffic rules and regulation, rule 83 priorities the use of sirens by the police, fire engines and ambulances, he said.
“The order of Precedence Act 2014 outlines the provisions for the entitlement for use of siren by the President, Deputy President, speakers and the Chief Justice.”
“Consequently, you are directed to take legal action as stipulated in our laws and regulations against any person not authorized to use the following on our road and highways including strobe lights, light bars, sirens and lead or chase cars,” he said.
His move came after Head of Public Service Felix Koskei Thursday told all accounting officers in office including Parliament, Judiciary and County Government and Independent Commissions to remove any unauthorized vehicles using the gadgets.
He said the Traffic Act (Cap 403) and the Rules made thereunder, authorize police vehicles, fire engines, ambulances and other designated vehicles to make use of sirens and strobe lights for reasons of public safety, security and emergency response.
“Consequently, it is hereby notified that there shall be a crackdown to impound vehicles found to be fitted with sirens, strobe lights and such other unauthorized equipment in breach of the law, and appropriate action is taken,” he said in a memo to government officials dated February 15.
This is after a High Court ruling delivered on Thursday by Justice Mugure Thande dismissed a case seeking to overturn an order by the National Police Service (NPS) to seize vehicles equipped with the additional lights.
Koskei said the process of obtaining approvals for the installation and use of strobe lights, sirens, and associated equipment for vehicles not authorized by the law is outlined, and individuals wishing to use such equipment may request authorization in accordance with the procedure provided.
“However, it has come to the attention of this office, that there are numerous government and privately owned vehicles that have been installed with strobe lights, sirens and related equipment, without lawful authorization and in full breach of the law.”
“This is not only causing security risks but is also creating safety concerns to other road users and the general public,” he said.
He told all accounting officers across government are directed to ensure the contents of this Circular are brought to the attention of all institutions and persons under their purview or supervision as well as ensure full implementation and compliance.
Traffic commandant Mary Omari said the crackdown will be in line with Section 55 of the Traffic Act, which stipulates provisions for a vehicle's condition on the road.
"No vehicle shall be used on a road unless such vehicle and all parts and equipment thereof, including lights and tyres, comply with the requirements of this Act, and such parts and equipment shall at all times be maintained in such a condition that the driving of the vehicle is not likely to be a danger to other users of the road or persons travelling on the vehicle," reads part of the Act.
According to Section 58 (Sub-Section 1) of the Act, offenders found guilty of contravening Section 55 of the law risk spending two years in jail, a fine of Sh400,000, or both
.The section says:
"Any person who drives or uses on a road a vehicle in contravention of the provisions of section 55 or section 56 shall be guilty of an offence and liable to a fine not exceeding four hundred thousand shillings| or to imprisonment for a term not exceeding two years, or to both."
According to police, the LED lights targeted are unlawfully equipped lamps, modified illuminating lights, red lights, opaque rear lights, flashing lights, flickering lights, LED illuminating lights, unauthorized sirens and unauthorised red and blue lights.