Chief Justice Willy Mutunga has issued directives that could drastically reduce corruption in the handling of traffic offences.
Among the key directives from the CJ is that no traffic offenders will be locked up in police cells without first being granted an opportunity to pay the fine or raise the cash bail.
In addition, traffic courts will now be required to process fine payments in open courts.
And before an offender has been called to answer charges, the magistrate will ensure that any cash bail collected by a police officer is available in court.
The directives are contained in a circular released by Mutunga to all the courts countrywide.
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"Once a suspected traffic offender has been cited, he or she shall be issued with a notification to attend court (NTAC) on a convenient date within seven days or court summons, whichever is applicable as per the resolutions passed by the National Council on the Administration of Justice," the CJ said.
The notice shall state clearly the charges preferred and also indicate the maximum penalty for each.
The cited offender will be required to attend court on the date and time indicated in the NTAC to take a plea, failure to which a warrant for his or her arrest will be issued. If, upon issuance of the NTAC, the offender opts to plead guilty in writing, he will be required to remit to court the maximum amount of fine payable for the offences cited.
The traffic offender will be taken into custody only if he is unable to pay the fine or cash bail after a reasonable time.
Mutunga said the directives were aimed at curbing corrupt practices in traffic courts and mitigating the negative economic impact of delays in processing traffic cases.
"The Head of Station shall ensure there is at least one Judiciary Accountant, seconded by the Director Finance in the traffic courtroom, for the purpose of receiving remittances," he said.
He said all heads of court stations and presiding trial magistrates would be responsible for fighting graft cartels in court corridors, courtrooms and court cells.
He directed that the circular be implemented immediately.
