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what counts as a hit and run?

Introduction

In Kenya, the term "hit and run" refers to a traffic incident where a driver involved in a collision leaves the scene without fulfilling their legal obligations. This is a serious offense under Kenyan law, and it carries significant legal consequences. The legal framework governing hit and run incidents is primarily found in the Traffic Act (Cap 403) and the Penal Code (Cap 63) of the Laws of Kenya. This response will delve into the specifics of what constitutes a hit and run, the legal obligations of drivers involved in accidents, and the penalties for failing to comply with these obligations.

Table of Contents

  1. Definition of Hit and Run

    • Legal Framework

    • Key Elements

  2. Legal Obligations of Drivers Involved in Accidents

    • Stopping at the Scene

    • Providing Information

    • Rendering Assistance

    • Reporting the Accident

  3. Penalties for Hit and Run Offenses

    • Traffic Act Provisions

    • Penal Code Provisions

  4. Conclusion

1. Definition of Hit and Run

Legal Framework

The primary legal instruments that define and govern hit and run offenses in Kenya are:

  • Traffic Act (Cap 403)

  • Penal Code (Cap 63)

Key Elements

A hit and run incident typically involves the following key elements:

  • Collision: An accident involving a vehicle and another vehicle, pedestrian, cyclist, or property.

  • Failure to Stop: The driver involved in the collision does not stop at the scene.

  • Failure to Fulfill Legal Obligations: The driver does not provide necessary information, render assistance, or report the accident as required by law.

2. Legal Obligations of Drivers Involved in Accidents

Stopping at the Scene

According to Section 73 of the Traffic Act (Cap 403), any driver involved in an accident is required to stop their vehicle immediately. This is to ensure that the driver can fulfill other legal obligations and to prevent further harm or damage.

Providing Information

Section 73(1) of the Traffic Act mandates that the driver must provide their name, address, and the registration number of the vehicle to any person having reasonable grounds for requiring such information. This is crucial for accountability and for any subsequent legal or insurance processes.

Rendering Assistance

Section 73(2) of the Traffic Act requires the driver to render reasonable assistance to any injured person. This could include calling for medical help or transporting the injured person to a medical facility if it is safe to do so.

Reporting the Accident

Section 73(3) of the Traffic Act stipulates that if the accident results in injury or death, the driver must report the incident to the nearest police station as soon as reasonably practicable, and in any case within 24 hours. Failure to report the accident is a serious offense and can lead to severe penalties.

3. Penalties for Hit and Run Offenses

Traffic Act Provisions

Under Section 73(4) of the Traffic Act, failure to stop, provide information, render assistance, or report the accident can result in:

  • Fines: The driver may be liable to a fine not exceeding KES 100,000.

  • Imprisonment: The driver may face imprisonment for a term not exceeding 10 years.

  • Both: The court may impose both a fine and imprisonment.

Penal Code Provisions

The Penal Code (Cap 63) also addresses hit and run offenses under Section 244, which deals with causing grievous harm by dangerous driving. If a hit and run incident results in serious injury or death, the driver may face:

  • Imprisonment: A term of up to 10 years.

  • Additional Penalties: The court may impose additional penalties, including fines and disqualification from holding or obtaining a driving license.

Conclusion

In summary, a hit and run in Kenya is defined as a traffic incident where a driver involved in a collision fails to stop, provide necessary information, render assistance, or report the accident as required by law. The legal framework governing hit and run offenses is primarily found in the Traffic Act (Cap 403) and the Penal Code (Cap 63). The penalties for failing to comply with these legal obligations are severe and can include substantial fines, imprisonment, or both. It is crucial for drivers to understand and adhere to these legal requirements to avoid the serious consequences associated with hit and run offenses.

Answered by mwakili.com