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If a driver hits a pedestrian and fails to stop and render aid, what can they be charged for? Is it illegal?

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Introduction
Legal Framework 2.1. The Traffic Act 2.2. The Penal Code
Offences and Penalties 3.1. Failure to Stop and Render Aid 3.2. Hit and Run
Conclusion

Introduction

This response will address the legal implications of a driver hitting a pedestrian and failing to stop and render aid in Kenya. We will examine the relevant legal framework, including the Traffic Act and the Penal Code, to determine the specific offences and penalties that may apply in such a scenario.

Legal Framework

2.1. The Traffic Act

The Traffic Act, Cap 403 of the Laws of Kenya, provides a comprehensive legal framework for regulating road traffic in Kenya. It outlines various offences and penalties related to driving, including those related to accidents.

Section 100 of the Traffic Act states that any person driving a motor vehicle who is involved in an accident resulting in death or injury to any person shall stop the vehicle at or near the place of the accident and render such assistance as may be reasonably practicable to any person injured in the accident.
Section 101 of the Traffic Act further states that any person driving a motor vehicle who is involved in an accident resulting in damage to any property shall stop the vehicle at or near the place of the accident and render such assistance as may be reasonably practicable to any person injured in the accident.

2.2. The Penal Code

The Penal Code, Cap 63 of the Laws of Kenya, also contains provisions relevant to the scenario in question.

Section 125 of the Penal Code defines the offence of "causing death by dangerous driving" and prescribes a penalty of imprisonment for life.
Section 126 of the Penal Code defines the offence of "causing grievous harm by dangerous driving" and prescribes a penalty of imprisonment for a term not exceeding 10 years.
Section 127 of the Penal Code defines the offence of "causing harm by dangerous driving" and prescribes a penalty of imprisonment for a term not exceeding 5 years.

Offences and Penalties

3.1. Failure to Stop and Render Aid

A driver who hits a pedestrian and fails to stop and render aid may be charged with an offence under Section 100 of the Traffic Act. This offence is punishable by a fine not exceeding Ksh 100,000 or imprisonment for a term not exceeding 3 years, or both.

Section 100 of the Traffic Act requires the driver to stop at or near the place of the accident and render such assistance as may be reasonably practicable to any person injured in the accident. This includes calling for emergency medical services, providing basic first aid, and ensuring the safety of the injured person.

3.2. Hit and Run

In addition to the offence of failing to stop and render aid, the driver may also be charged with the offence of "hit and run" under Section 101 of the Traffic Act. This offence is punishable by a fine not exceeding Ksh 100,000 or imprisonment for a term not exceeding 3 years, or both.

Section 101 of the Traffic Act requires the driver to stop at or near the place of the accident and render such assistance as may be reasonably practicable to any person injured in the accident. This includes calling for emergency medical services, providing basic first aid, and ensuring the safety of the injured person.

Furthermore, if the accident results in death or injury to the pedestrian, the driver may also be charged with offences under the Penal Code, such as causing death by dangerous driving, causing grievous harm by dangerous driving, or causing harm by dangerous driving.

Conclusion

In conclusion, a driver who hits a pedestrian and fails to stop and render aid in Kenya may face serious legal consequences. They may be charged with offences under the Traffic Act, including failure to stop and render aid and hit and run, as well as offences under the Penal Code, depending on the severity of the accident. The penalties for these offences can range from fines to imprisonment. It is crucial for drivers to understand their legal obligations in the event of an accident and to act responsibly by stopping, rendering aid, and reporting the incident to the authorities.