Ask a lawyer:
Can you be charged for cutting/mutilating your number plate in Kenya?

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Introduction
The Law on Number Plates in Kenya
Offences Relating to Number Plates
Conclusion

Introduction

This response will address the question of whether one can be charged for cutting or mutilating their number plate in Kenya. It will delve into the relevant legal provisions governing number plates and the associated offences.

The Law on Number Plates in Kenya

The law governing number plates in Kenya is primarily found in the Traffic Act, Cap 403, Laws of Kenya. This Act outlines the requirements for vehicle registration and the issuance of number plates.

Section 10 of the Traffic Act deals with the registration of motor vehicles. It states that every motor vehicle must be registered with the relevant authorities and assigned a unique registration number. This registration number is then displayed on the vehicle through the issuance of number plates.

Section 11 of the Traffic Act specifically addresses the requirements for number plates. It mandates that every motor vehicle must have two number plates, one at the front and one at the rear. These plates must be clearly visible and must display the assigned registration number in a prescribed format.

Section 12 of the Traffic Act further emphasizes the importance of maintaining the integrity of number plates. It states that no person shall alter, deface, or obscure the number plate of a motor vehicle. This provision underscores the legal requirement for number plates to remain legible and identifiable.

Offences Relating to Number Plates

The Traffic Act also outlines various offences related to number plates. These offences are categorized as follows:

1. Driving a Vehicle Without a Number Plate

Section 13 of the Traffic Act prohibits the driving of a motor vehicle without a valid number plate. This offence carries a penalty of a fine not exceeding Ksh. 10,000 or imprisonment for a term not exceeding six months, or both.

2. Using a False or Altered Number Plate

Section 14 of the Traffic Act criminalizes the use of a false or altered number plate. This offence carries a penalty of a fine not exceeding Ksh. 20,000 or imprisonment for a term not exceeding one year, or both.

3. Defacing or Obscuring a Number Plate

Section 12 of the Traffic Act prohibits the defacing or obscuring of a number plate. This offence carries a penalty of a fine not exceeding Ksh. 5,000 or imprisonment for a term not exceeding three months, or both.

Conclusion

Based on the provisions of the Traffic Act, it is clear that cutting or mutilating a number plate in Kenya is an offence. This act falls under the category of defacing or obscuring a number plate, which is punishable by law. Therefore, an individual who cuts or mutilates their number plate can be charged with an offence under Section 12 of the Traffic Act. The penalty for this offence includes a fine and/or imprisonment. It is crucial to maintain the integrity of number plates and comply with the legal requirements to avoid facing legal consequences.