To: jaluo jaluo@jaluo.com
By Agwanda Saye
The Law Society of Kenya (LSK) has filed a suit to eject from office Traffic Commandant Mr. Samuel Kimaru over increased tragic road accidents.
LSK has also included the National Police Service Commission (NPSC) as respondents in the suit filed at the High Court, sitting in Mombasa.
The suit seeks a declaration that the Traffic Commandant is unfit to hold office following omissions, actions, abuse of power and gross neglect of Constitutional and Statutory duties.
It further seeks an order directing the NPSC to sack Mr. Samuel Kimaru as an employee of the Service.
According to the plaint (legal papers) drawn and filed by Ndegwa Muthama Katisya & Associates Advocates who are representing LSK, thousands of lives are being lost on roads.
“Neglect of duty by the Traffic Commandant and the NPSC leads to loss of over 3,000 lives on the road annually,” says LSK in the plaint.
LSK told the High Court that over 9,000 people are maimed for life annually, 26,000 vehicles and other property destroyed annually and billions of shillings spent on hospital bills and funeral expenses.
“Over 1,725 people lost their lives on the road between January and July 16, 2013 alone,” LSK said in the plaint.
LSK said that unlawful omissions and actions of the Traffic Commandant and NPSC have significantly contributed to the Police Service becoming the most corrupt institution countrywide.
“The Kenya Police service has consequently been nationally and internationally recognised as the most corrupt institutions,” LSK said.
LSK said that the respondents are in gross violation of the National Police Service Act No. 11 of 2012.
“The Traffic Commandant has failed to maintain law and order on roads, protect life and property, investigate, prevent and detect traffic offences, apprehend offenders, and enforce of all traffic laws and regulations,” LSK said.
In violation of Section 49(3) and (4), of the National Police Service Act , the Commandant has failed to make reports of all daily occurrences and incidents encountered in the discharge of the statutory function and submit the report to superiors.
Under Section 49(10) of the National Police Service Act, the Commandant has failed to respect the law, regulations, Service Standing Orders and to prevent violations thereof.
“The Traffic Commandant is professionally and vicariously liable for the neglects, unlawful omissions, and commissions of the officers working under his command.” LSK said.
LSK has argued that as a result of the Commandant’s failure to remove defective vehicles from the roads, a substantial number of vehicles with visible defects or violations of the Traffic Act pass through Traffic checkpoints.
LSK said that the visible defects or easily discernible defects and or violations include vehicles without both or any head-light being driven for long distances at night without being removed from the road.
Others include public service vehicles with dangerous worn out tyres, overloaded public service vehicles and commercial vehicles.
Some of the vehicles illegally emit heavy obnoxious petrol or diesel fumes, public service vehicles without speed governors, vehicles without identification number plates are habitually used in Kenya roads.
LSK said that many vehicles driven by unlicensed drivers and kerbs have been converted into parking and garages for repairing broken down vehicles.
Ends