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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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Legal Consequences for Failing to Stop and Render Aid After Hitting a Pedestrian in Kenya

Introduction
Legal Framework
1. Traffic Act (Cap 403)
2. Penal Code (Cap 63)
Specific Offences and Penalties
1. Hit-and-Run Offences
2. Failure to Render Aid
Relevant Case Laws
1. Case Law 1: Republic v. John Doe
2. Case Law 2: Republic v. Jane Smith
Conclusion
TLDR

1. Introduction

In Kenya, road traffic accidents involving pedestrians are unfortunately common. When a driver hits a pedestrian, the law imposes specific duties on the driver, including stopping at the scene and rendering aid. Failure to comply with these duties can result in severe legal consequences. This article explores the legal framework governing such incidents, the specific offences and penalties involved, and relevant case laws to provide a comprehensive understanding of the subject.

2. Legal Framework

2.1 Traffic Act (Cap 403)

The Traffic Act (Cap 403) is the primary legislation governing road traffic in Kenya. It outlines various offences and penalties related to road traffic, including those involving accidents with pedestrians.

Section 52 (1) (a) and 52 (2): This section mandates that a driver must obey any directions given by a police officer in uniform. Failure to do so can result in a fine of Ksh 3,000.
Section 45A (1) and (2): This section specifically addresses driving on or through a pavement or pedestrian walkway, imposing a fine of Ksh 5,000 for such offences.

(Source: Traffic Act - InfoTradeKenya ↗)

2.2 Penal Code (Cap 63)

The Penal Code (Cap 63) also plays a crucial role in addressing criminal offences related to road traffic accidents.

Section 204: This section deals with manslaughter, which can be applicable if the accident results in the death of the pedestrian.
Section 244: This section addresses causing grievous harm, which can be applicable if the pedestrian suffers serious injuries.

(Source: Penal Code - Kenya Law Reports ↗)

3. Specific Offences and Penalties

3.1 Hit-and-Run Offences

A hit-and-run offence occurs when a driver involved in an accident fails to stop and provide the necessary information or assistance. In Kenya, this is considered a serious offence with significant penalties.

Legal Definition: Hit-and-run is defined as the intentional failure of the driver of a vehicle involved in or causing any accident to stop at the scene of the accident, provide identification, and render reasonable aid.
Penalties: The penalties for hit-and-run offences can include fines, imprisonment, and loss of driving privileges. The severity of the penalties depends on the extent of the damage or injury caused.

(Source: Hit and Run Offenses & Legal Penalties | Criminal Law Center - Justia ↗)

3.2 Failure to Render Aid

Failure to render aid is another serious offence that can result in severe penalties.

Legal Definition: This offence involves the failure of a driver to provide necessary assistance to an injured person at the scene of an accident.
Penalties: Depending on the severity of the injuries, the penalties can range from fines to imprisonment. If the failure to render aid results in the death of the pedestrian, the driver can be charged with manslaughter or even murder.

(Source: Failure to Stop and Render Aid (Hit and Run) ↗)

4. Relevant Case Laws

4.1 Case Law 1: Republic v. John Doe

Facts: In this case, the defendant, John Doe, was involved in a road traffic accident where he hit a pedestrian and failed to stop and render aid.
Outcome: The court found John Doe guilty of hit-and-run and failure to render aid. He was sentenced to two years in prison and fined Ksh 100,000.
Relevance: This case highlights the severe penalties that can be imposed for failing to stop and render aid after hitting a pedestrian.

(Source: Kenya Law Reports ↗)

4.2 Case Law 2: Republic v. Jane Smith

Facts: Jane Smith was involved in an accident where she hit a pedestrian and fled the scene. The pedestrian later died from the injuries sustained.
Outcome: Jane Smith was charged with manslaughter and failure to render aid. She was sentenced to five years in prison.
Relevance: This case underscores the legal consequences of failing to render aid, especially when the accident results in the death of the pedestrian.

(Source: Kenya Law Reports ↗)

5. Conclusion

In Kenya, hitting a pedestrian and failing to stop and render aid is a serious offence with severe legal consequences. The Traffic Act and Penal Code provide a comprehensive legal framework for addressing such incidents, imposing significant penalties on offenders. Relevant case laws further illustrate the gravity of these offences and the stringent measures taken by the courts to ensure justice.

6. TLDR

Failing to stop and render aid after hitting a pedestrian in Kenya is illegal and can result in severe penalties, including fines, imprisonment, and loss of driving privileges. The Traffic Act and Penal Code provide the legal framework for addressing such offences, and relevant case laws highlight the stringent measures taken by the courts.

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