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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

In Kenya, the legal framework governing road traffic and the responsibilities of drivers in the event of an accident is primarily found in the Traffic Act (Cap 403) and the Penal Code (Cap 63). These laws outline the duties of a driver involved in an accident, the legal consequences of failing to fulfill these duties, and the potential charges that can be brought against a driver who hits a pedestrian and fails to stop and render aid.

Legal Framework
- Traffic Act (Cap 403)
- Penal Code (Cap 63)
Duties of a Driver Involved in an Accident
- Stopping and Rendering Aid
- Reporting the Accident
Legal Consequences of Failing to Stop and Render Aid
- Traffic Offenses
- Criminal Offenses
Potential Charges
- Hit and Run
- Causing Death by Dangerous Driving
- Negligent Acts Causing Harm
Conclusion

1. Legal Framework

Traffic Act (Cap 403)

The Traffic Act is the primary legislation that governs road traffic in Kenya. It outlines the rules and regulations for drivers, including their responsibilities in the event of an accident.

Penal Code (Cap 63)

The Penal Code provides for general criminal offenses and their penalties. It includes provisions that can be applied to drivers who cause harm or fail to fulfill their legal duties in the event of an accident.

2. Duties of a Driver Involved in an Accident

Stopping and Rendering Aid

According to Section 73 of the Traffic Act (Cap 403), a driver involved in an accident is required to stop and render assistance to any injured persons. The specific duties include:

Stopping the vehicle immediately.
Providing reasonable assistance to any injured persons, which may include arranging for their transportation to a medical facility.

Reporting the Accident

Section 74 of the Traffic Act (Cap 403) mandates that a driver involved in an accident must report the incident to the nearest police station as soon as reasonably practicable, and in any case, within 24 hours.

3. Legal Consequences of Failing to Stop and Render Aid

Traffic Offenses

Failing to stop and render aid after an accident is a serious traffic offense under the Traffic Act. The consequences can include:

Fines
Imprisonment
Suspension or revocation of the driver's license

Criminal Offenses

In addition to traffic offenses, failing to stop and render aid can also result in criminal charges under the Penal Code. These charges can be more severe, especially if the accident resulted in serious injury or death.

4. Potential Charges

Hit and Run

A driver who hits a pedestrian and fails to stop and render aid can be charged with a hit-and-run offense under Section 73 of the Traffic Act. The penalties for a hit-and-run offense can include:

A fine not exceeding KES 100,000
Imprisonment for a term not exceeding 10 years
Both fine and imprisonment

Causing Death by Dangerous Driving

If the accident results in the death of the pedestrian, the driver can be charged with causing death by dangerous driving under Section 46 of the Traffic Act. The penalties for causing death by dangerous driving include:

Imprisonment for a term not exceeding 10 years
Disqualification from holding or obtaining a driver's license for a period of not less than 3 years

Negligent Acts Causing Harm

Under Section 244 of the Penal Code, a driver who negligently causes harm to another person can be charged with a criminal offense. The penalties for negligent acts causing harm include:

Imprisonment for a term not exceeding 5 years
A fine

Conclusion

In Kenya, it is illegal for a driver to hit a pedestrian and fail to stop and render aid. The legal framework provided by the Traffic Act (Cap 403) and the Penal Code (Cap 63) outlines the duties of a driver involved in an accident and the potential charges that can be brought against a driver who fails to fulfill these duties. The consequences of failing to stop and render aid can be severe, including fines, imprisonment, and disqualification from driving. It is crucial for drivers to understand their legal responsibilities and the serious implications of failing to adhere to them.