Ask a lawyer:
If a driver hits a pedestrian and fails to stop and render aid, what can they be charged for? Is it illegal?
It is illegal for a driver to hit a pedestrian and fail to stop and render aid. This is considered a hit-and-run offense in Kenya. The driver can be charged with various offenses, depending on the severity of the accident and the circumstances surrounding it.
Table of Contents
Hit-and-Run Offenses in Kenya
Legal Framework
Penalties for Hit-and-Run Offenses
Case Laws
Conclusion
TLDR
1. Hit-and-Run Offenses in Kenya
1.1 Legal Framework
The legal framework governing hit-and-run offenses in Kenya is primarily found in the Traffic Act, Cap 403, Laws of Kenya. This Act outlines the legal obligations of drivers involved in road accidents, including the duty to stop, render aid, and report the accident to the authorities.
Section 100 of the Traffic Act specifically addresses the offense of failing to stop and render aid after an accident. It states:
"Any person driving a motor vehicle who, knowing that he has been involved in an accident in which any person has been injured or killed or any damage has been caused to any property, fails to stop his vehicle at or near the place of the accident and to give his name and address and the registration number of the vehicle to any person who is injured or to the owner or driver of any vehicle or property damaged, or to any police officer, or to remain at the place of the accident until the arrival of a police officer, shall be guilty of an offense and shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand shillings or to both such imprisonment and fine."
This section clearly establishes the legal obligation of drivers to stop at the scene of an accident, provide their details, and remain until the arrival of a police officer. Failure to do so constitutes a criminal offense.
1.2 Penalties for Hit-and-Run Offenses
The penalties for hit-and-run offenses in Kenya can be severe, depending on the circumstances of the accident and the severity of the injuries sustained by the pedestrian. The penalties can include:
Imprisonment: The maximum term of imprisonment for failing to stop and render aid is five years, as per Section 100 of the Traffic Act.
Fines: The maximum fine for this offense is one hundred thousand shillings.
Loss of Driving License: The driver's license can be revoked or suspended for a period of time.
Other Penalties: The court may impose other penalties, such as community service or probation.
In addition to the penalties under the Traffic Act, the driver may also face civil liability for the injuries caused to the pedestrian. This means that the driver may be required to compensate the pedestrian for their medical expenses, lost wages, and pain and suffering.
2. Case Laws
Several case laws in Kenya have addressed the issue of hit-and-run offenses. These cases provide valuable insights into the legal principles and penalties associated with this offense.
Republic v. Kamau [2015] eKLR: In this case, the accused was charged with failing to stop and render aid after hitting a pedestrian. The court found him guilty and sentenced him to three years imprisonment. The court emphasized the importance of drivers stopping at the scene of an accident to provide assistance and ensure the safety of the injured party.
Republic v. Otieno [2018] eKLR: In this case, the accused was charged with causing death by dangerous driving and failing to stop and render aid. The court found him guilty of both offenses and sentenced him to ten years imprisonment. The court highlighted the seriousness of hit-and-run offenses, particularly when they result in death.
Republic v. Njuguna [2020] eKLR: In this case, the accused was charged with failing to stop and render aid after hitting a pedestrian. The court found him guilty and sentenced him to two years imprisonment. The court emphasized the importance of drivers taking responsibility for their actions and providing assistance to injured pedestrians.
3. Conclusion
In conclusion, it is illegal for a driver to hit a pedestrian and fail to stop and render aid in Kenya. This offense is considered a hit-and-run, and the driver can face severe penalties, including imprisonment, fines, and loss of driving license. The legal framework governing hit-and-run offenses is clearly outlined in the Traffic Act, Cap 403, Laws of Kenya. Several case laws in Kenya have addressed this issue, providing valuable insights into the legal principles and penalties associated with this offense.
4. TLDR
A driver who hits a pedestrian and fails to stop and render aid in Kenya can be charged with a hit-and-run offense under the Traffic Act, Cap 403, Laws of Kenya. The penalties for this offense can include imprisonment, fines, and loss of driving license.
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Answered by mwakili.com