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what counts as a hit and run?

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Introduction
Hit and Run Offences 2.1. Definition of Hit and Run 2.2. Elements of Hit and Run 2.3. Penalties for Hit and Run
Conclusion

Introduction

This response will address the question of what constitutes a hit and run offence in Kenya. It will delve into the legal definition of hit and run, the elements that must be proven to establish the offence, and the penalties associated with it. The information provided will be based on relevant Kenyan legislation, specifically the Traffic Act, Cap 403, Laws of Kenya.

Hit and Run Offences

2.1. Definition of Hit and Run

A hit and run offence, also known as "failing to stop after an accident," is a serious traffic violation that occurs when a driver involved in an accident fails to stop and provide necessary information and assistance. This offence is defined in the Traffic Act, Cap 403, Laws of Kenya.

2.2. Elements of Hit and Run

To establish a hit and run offence, the prosecution must prove the following elements beyond a reasonable doubt:

An accident: There must have been an accident involving a motor vehicle. This accident could involve damage to property, injury to a person, or both.
Knowledge of the accident: The driver must have been aware of the accident. This can be proven by evidence of the driver's presence at the scene, the nature of the damage, or witness testimony.
Failure to stop: The driver must have failed to stop their vehicle at the scene of the accident.
Failure to provide information and assistance: The driver must have failed to provide their name, address, and vehicle registration details to the other party involved in the accident. They must also have failed to provide reasonable assistance to any injured person.

2.3. Penalties for Hit and Run

The penalties for a hit and run offence in Kenya are severe and can include:

Imprisonment: The driver can be imprisoned for a term not exceeding five years.
Fine: The driver can be fined a sum not exceeding Ksh 100,000.
Suspension or revocation of driving license: The driver's driving license can be suspended or revoked.
Confiscation of vehicle: The vehicle involved in the accident can be confiscated.

Conclusion

In conclusion, a hit and run offence in Kenya is a serious traffic violation that carries significant penalties. The offence is defined in the Traffic Act, Cap 403, Laws of Kenya, and involves a driver failing to stop and provide necessary information and assistance after an accident. The prosecution must prove the elements of the offence beyond a reasonable doubt to secure a conviction. It is crucial for drivers to understand the legal implications of hit and run offences and to act responsibly in the event of an accident.