Motorist wins appeal as High Court rules careless driving offence no longer exists in law

Motorist wins appeal as High Court rules careless driving offence no longer exists in law
Motorist wins appeal as High Court rules careless driving offence no longer exists in law - A traffic police officer at work. A motorist has won an appeal after the High Court ruled that the “careless driving” offence no longer exists in law, quashing a Sh200,000 fine and ordering a refund. (Photo: File)
A traffic police officer at work. A motorist has won an appeal after the High Court ruled that the “careless driving” offence no longer exists in law, quashing a Sh200,000 fine and ordering a refund. (Photo: File)

High Court overturns Sh200,000 conviction, ruling that “careless driving” is no longer a recognised offence under amended traffic laws, clearing the motorist and ordering a refund of the fine.

A motorist who was fined Sh200,000 after being convicted of careless driving has successfully appealed the decision at the High Court, which ruled that the offence he was charged with is no longer recognised under Kenyan law.
In a judgment delivered in Isiolo, the High Court quashed the conviction of Daniel Mwangi Munyaka and ordered that the Sh200,000 fine he had paid be refunded.
The court found that the traffic offence of "careless driving" ceased to exist following amendments to the Traffic Act, and therefore could not form the basis of a criminal conviction.

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“The appellant was convicted for an offence that is not known in law,” the judge held, adding that criminal liability can only arise from offences expressly created by statute.
Munyaka had been convicted by a magistrate’s court and given the option of paying a Sh200,000 fine or serving a three-year jail term. He later challenged both the conviction and sentence at the High Court.
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In his appeal, he argued that the charge was defective because the offence cited by the prosecution had been removed from the law. He also maintained that his conviction violated the constitutional principle that a person can only be punished for conduct defined as an offence under written law.

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The High Court agreed with his arguments, finding that the trial court erred by proceeding with a charge that had no legal basis.
“The conviction cannot stand where the offence charged is unknown to the current legal framework,” the court stated, setting aside the sentence imposed by the lower court.
The ruling effectively clears Munyaka of any criminal liability arising from the case and orders the refund of the fine he paid.
The case arose from amendments to Kenya’s Traffic Act, which changed the legal provisions governing road traffic offences. During the appeal, the court examined whether the offence of careless driving still existed in law at the time Munyaka was charged and prosecuted.
After reviewing the relevant legislation, the court concluded that the offence had been repealed and could not legally support a prosecution.

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