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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
Definition of Hit and Run
Legal Framework
Key Elements
Legal Obligations of Drivers Involved in Accidents
Stopping at the Scene
Providing Information
Rendering Assistance
Reporting the Accident
Penalties for Hit and Run Offenses
Traffic Act Provisions
Penal Code Provisions
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