NAIROBI, Kenya — Kenyans who sit on vehicle window frames, stand through sunroofs, ride on roofs or hang from moving vehicles could face legal penalties under the Traffic Act.
The restrictions apply whenever a vehicle is travelling on a public road, regardless of whether it is moving at high or low speed.
According to an explainer by Advocate Mutua Josphat of F.M. Muteti and Co. Advocates, Section 61 of the Traffic Act, Cap 403 prohibits passengers from riding on or being carried on parts of a vehicle such as roofs, footboards, steps, tailboards and mudguards, except under specified circumstances.
The law also restricts passengers from travelling in positions that could endanger them or other road users.
Under Rule 80 of the Traffic Rules, occupants are prohibited from allowing any part of their bodies to protrude from a moving vehicle, with limited exceptions, including emergencies and situations where a person is signalling.
This means motorists and passengers taking part in wedding convoys, funeral processions or other celebrations are not automatically exempt from the safety requirements.
Passengers can also face consequences for travelling in dangerous positions or failing to use available seatbelts.
The restrictions are aimed at preventing injuries and deaths associated with unsafe passenger behaviour, particularly during celebrations and public processions where people sometimes ride outside vehicles.
Drivers could face more serious criminal charges if dangerous driving or allowing unsafe passenger practices results in a fatality.
Motorists are therefore required to ensure that passengers remain safely inside the vehicle and comply with traffic safety regulations whenever they are travelling on public roads.
