Act No: CAP. 403
Act Title: TRAFFIC
SUBSIDIARY LEGISLATION
Arrangement of Sections

TRAFFIC RULES, 1953

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.
2.

Interpretation.
3.

Offence under Act and Rules.
4.

Fees.
5.

Forms, marks, etc.

PART II – REGISTRATION AND LICENSING OF VEHICLES

6.

Identification marks.
6A.

Deregistration.
6A.

Personalised number plates.
6B.

Motor Vehicles of County Government.
7.

Identification plates.
7A.

Authorization permits.
8.

Manner of carrying licence.
8A.

Manner of carrying vehicle licence certificate.
8B.

Deleted.
9.

Vehicles exempted from registration and licensing.

PART III – DRIVING LICENCES AND TESTS

10.

Vehicles requiring inspection report.
10A.

Inspection certificate.
11.

Validity of licences and permits.
12.

Provisional licences.
13.

Driving test.
14.

Driving licence.
15.

Register of driving tests.
16.

Applicant to provide vehicle.
17.

Driving tests—classes of vehicles.

PART IV – CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES

18.

Wheels and tyres of motor vehicles and trailers.
19.

Wheels and tyres of other vehicles.
20.

Wheels and tyres to be adequate.
21.

Springs.
22.

Brakes.
22A.

Fitting of seat belts.
23.

Lights on motor vehicles.
24.

Lights on vehicles other than motor vehicles.
25.

Reflectors and warning signs.
25A.

Motor cycles.
26.

Silencers.
27.

Emission of smoke and sparks.
28.

Reversibility.
29.

Reflecting mirror.
30.

Windscreens and windows.
31.

Vehicles steered from left-hand side.
32.

Types of direction indicator.
33.

Safety glass.
34.

Warning instruments.
35.

Wings.
36.

Trailer couplings.
37.

Speedometers.
38.

Windscreen wipers.
38A.

Public service vehicle plates.
39.

Markings on commercial vehicles and trailers.
40.

Trailer plates.
41.

Weights and dimensions of vehicles.
41A.

Fitting of speed governors.

PART V – SPECIAL PROVISIONS RELATING TO MOTOR OMNIBUSES OR MATATUS

42.

Body construction.
43.

Wheel tracks.
44.

Doors and steps.
45.

Emergency window or panel.
46.

Access to doors and emergency exits.
47.

Ventilation.
48.

Interior illumination.
49.

Destination indicators.
50.

Signalling devices.
51.

Internal height.
52.

Clearance.
53.

Windscreen.
54.

Windows.
54A.

Tinted motor vehicle windows.
55.

Name-plates.
55A.

Horizontal band on matatus.
56.

Fire extinguishers and first-aid outfits.
57.

Conductors.
58.

Trailers.
59.

Routes.
59A.

Conduct of drivers.
60.

Petrol, etc.
61.

Luggage.

PART VI – SPECIAL PROVISIONS RELATING TO DRIVERS, CONDUCTORS AND PASSENGERS OF MOTOR OMNIBUSES OR MATATUS

62.

Interpretation of Part.
63.

Conduct of drivers and conductors.
64.

Penalties under Part.
65.

Conduct of conductor.
65A.

Badges and uniform.
66.

Conduct of passengers.
67.

Powers of authorized persons and police.
68.

Lost property.
69.

Penalties under this Part.

PART VII – SPECIAL PROVISIONS RELATING TO TAXICABS

70.

Yellow bands.
71.

Photographs.
72.

Penalties under this Part.

PART VIII – TRAFFIC REGULATION

73.

Meeting or overtaking traffic.
74.

Slow-moving traffic.
75.

Duty to keep left.
76.

Turning left.
77.

Turning right.
78.

Change of traffic lane.
78A.

Traffic on roundabouts.
79.

Travelling backwards.
80.

Travelling with part of body outside vehicle.
81.

Filling petrol.
82.

Pedal cyclists.
83.

Priority for police, fire engines and ambulances.
84.

Deleted.

PART IX – SEATING AND PASSENGER CAPACITY OF VEHICLES

85.

Arrangement of seats in motor omnibuses.
86.

Seating capacity of public service vehicles.
86A.

Licensing of public service vehicles carrying both seating and standing passengers.
87.

Driver’s seat in motor omnibus or commercial vehicle.
88.

Passengers on commercial vehicles.
89.

Children.
90.

Penalties under this Part.

PART X – INTERNATIONAL TRAFFIC

91.

Interpretation of Part.
92.

Issue of international documents.
93.

International circulation permit.
94.

Exemption from registration and licensing.
95.

Distinguishing sign.
96.

Transfer of vehicles.
97.

Removal of distinguishing sign and plate.
98.

Deleted.
99.

Penalties under this Part.

SCHEDULES

FIRST SCHEDULE —

FEES
SECOND SCHEDULE —

FORMS
THIRD SCHEDULE —

PUBLIC SERVICE VEHICLE DRIVER’S BADGE
FOURTH SCHEDULE —

PUBLIC SERVICE VEHICLE CONDUCTOR’S BADGE
FIFTH SCHEDULE —

DIAGRAM OF DISTINGUISHING MARK TO BE DISPLAYED ON A MOTOR VEHICLE WHILST BEING DRIVEN BY THE HOLDER OF A PROVISIONAL LICENCE
SIXTH SCHEDULE —

CLASSES OF VEHICLES COVERED BY DRIVING TEST
SEVENTH SCHEDULE —

DISTINGUISHING MARK FOR TRAILER OR TOWED VEHICLE
EIGHTH SCHEDULE —

DELETED BY L.N. 310 OF 1974

NINTH SCHEDULE —

INTERNATIONAL ROAD TRAFFIC CONVENTION
TENTH SCHEDULE —

ELEVENTH SCHEDULE —

AUTHORIZED MARK
TWELFTH SCHEDULE —

WEIGHTS AND DIMENSIONS OF VEHICLES
THIRTEENTH SCHEDULE —

MAXIMUM VOLUME OF BULK LIQUID TANK
FOURTEENTH SCHEDULE —

REGISTRATION SERIES FOR ALL BELONGING TO THE COUNTY GOVERNMENT

TRAFFIC RULES, 1953
[G.N. 1902/1953, L.N. 30/1957, L.N. 426/1957, L.N. 547/1959, L.N. 99/1960, L.N. 256/1963, L.N. 311/1964, L.N. 377/1964, L.N. 225/1966, L.N. 9/1967, L.N. 45/1967, L.N. 46/1967, L.N. 121/1967, L.N. 199/1967, L.N. 257/1967, L.N. 269/1967, L.N. 93/1968, L.N. 94/1968, L.N. 140/1969, L.N. 181/1969, L.N. 30/1971, L.N. 119/1971, L.N. 209/1971, L.N. 121/1972, L.N. 166/1972, L.N. 179/1972, L.N. 258/1972, L.N. 136/1973, L.N. 231/1973, L.N. 47/1974, Corr. No. 18/1974, L.N. 63/1974, L.N. 82/1974, L.N. 310/1974, L.N. 9/1975, L.N. 26/1975, L.N. 99/1976, L.N. 130/1977, Corr. No. 34/1977, L.N. 55/1978, L.N. 66/1978, L.N. 108/1979, L.N. 120/1979, L.N. 40/1981, L.N. 165/1981, Corr. No. 69/1981, L.N. 166/1981, L.N. 82/1982, L.N. 105/1982, L.N. 5/1983, L.N. 25/1984, L.N. 44/1984, L.N. 145/1984, L.N. 146/1984, L.N. 154/1984, L.N. 161/1984, L.N. 204/1984, L.N. 92/1985, L.N. 110/1985, L.N. 148/1985, L.N. 308/1986, L.N. 361/1986, L.N. 7/1987, L.N. 267/1987, L.N. 351/1987, L.N. 242/1988, L.N. 58/1989, L.N. 341/1989, L.N. 166/1990, Corr. No. 30/1990, L.N. 381/1990, L.N. 10/1991, Corr. No. 7/1991, L.N. 270/1991, L.N. 135/1992, L.N. 240/1992, L.N. 84/1993, L.N. 238/1993, L.N. 347/1993, L.N. 187/1994, L.N. 290/1994, L.N. 352/1995, L.N. 393/1995, L.N. 127/1996, L.N. 163/1997, L.N. 112/1999, L.N. 119/2001, L.N. 159/2001, L.N. 104/2002, L.N. 161/2003, L.N. 179/2003, L.N. 83/2004, L.N. 97/2004, L.N. 65/2005, L.N. 56/2006, L.N. 111/2006, L.N. 33/2007, L.N. 89/2007, L.N. 145/2007, L.N. 118/2008, L.N. 173/2009, L.N. 90/2010, L.N. 47/2011, L.N. 78/2012, L.N. 93/2013, L.N. 122/2013, L.N. 47/2014, L.N. 11/2015, L.N. 62/2016, L.N. 299/2017.]
RULES UNDER SECTION 119
1.
Citation

These Rules may be cited as the Traffic Rules, 1953.
3.
Offence under Act and Rules

Where any act or omission is an offence under the Act and these Rules, nothing in these Rules shall be deemed to affect the liability of any person to be prosecuted under the Act:

Provided that no person shall be prosecuted twice for the same act or omission.
4.
Fees

The fees set out in Part I of the First Schedule shall be payable in regard to the respective matters therein contained.
5.
Forms, marks, etc.
(1)

Every application, licence or other document, and every badge or mark, prescribed under the Act or these Rules shall, except as otherwise provided, be made in conformity with the appropriate form set out in the Second Schedule.
(2)

On the first licensing of any vehicle, the applicant for such licence shall apply in Form I, and thereafter every application for a licence or transfer in respect of that vehicle shall be made in Form II, in the Second Schedule.
(3)

When no other provision is specifically made, any authority or person having power to issue any certificate or licence under the Act shall, on proof to his satisfaction that such certificate or licence has been lost or destroyed, and on payment of the prescribed fee, issue a duplicate of the certificate or licence to the person entitled thereto.
(4)

The badge referred to in section 98(5) of the Act shall be in the form set out in the Third Schedule.

PART II – REGISTRATION AND LICENSING OF VEHICLES
6.
Identification marks
(1)

The identification mark of a vehicle assigned pursuant to subsection (5) of section 6 of the Act shall include the letter or letters indicating the place where the vehicle is registered as provided for by the Registrar, and a number that shall be assigned to the vehicle by the licensing officer.
(2)

An identification plate issued to a dealer with a dealer’s general licence under subsection (1) of section 23 of the Act shall include the letters K.G., and a number that shall be assigned by the Registrar.
8.
Manner of carrying licence
(1)

Every vehicle licence issued under section 17 or 17A of the Act, and every public service vehicle licence issued under section 97 of the Act shall be carried on the vehicle—

(a)

in the case of a motorcycle, in any prominent position on the cycle;
(b)

in the case of a motorcycle with side-car, either as provided in paragraph (a) or on the nearside of the side-car in front of the seat;
(c)

in the case of a trailer, on the nearside of the trailer;
(d)

in the case of all other vehicles, on the nearside of the vehicle in front of the front seat, and facing either forward or to the nearside of the road.
(2)

The licence shall be carried in a conspicuous and reasonably vertical position behind the glass of the wind-screen or nearside window, so that the front of the licence is clearly visible at all times by daylight to a person standing in front of the vehicle or to the left or near side thereof:

Provided that, in the case of a motorcycle or a vehicle not fitted with a windscreen or windows, the certificate shall be suitably carried in a weatherproof holder having a transparent face.
(3)

A dealer’s general licence shall be carried on the front identification plate issued with the licence, in the holder provided for that purpose.
(4)

A licence shall be removed as soon as it has expired and be replaced with a licence of current validity.

[ L.N. 44/1984, s. 3, L.N. 7/1987, s. 2.]
8A.
Manner of carrying vehicle licence certificate

Every vehicle licence certificate issued under section 20A of the Act shall be carried on the vehicle in respect of which it is issued affixed to the identification plate.

[L.N. 110/1985, s. 2.]
9.
Vehicles exempted from registration and licensing
(1)

The following classes of vehicles shall be exempt from registration and licensing under Parts II and III of the Act—

(a)

vehicles the property of the President;
(b)

vehicles owned by the armed forces;
(c)

deleted by L.N. 209 of 1971;
(d)

vehicles used under the authority of a dealer’s general licence.
(2)

The following classes of vehicles shall be exempt from licensing under the Act:

(a)

vehicles owned by—

(i) the Government;
(ii) municipal councils;
(iii) urban or area councils;
(iv) county councils;
(b)

vehicles used solely as ambulances by the St. John Ambulance Association or by the Kenya Red Cross Society;
(c)

vehicles owned and used solely by the Navy, Army and Air Force Institute;
(d)

vehicles the property of any country, or of any consular representative (if such consular representative is not engaged in any other business or profession in Kenya) of a country with which agreement exists with Kenya affording adequate reciprocity in the exemption of such vehicles from road traffic licensing;
(e)

vehicles which are used solely on any road or other place to which the public have no general right of access.

PART III – DRIVING LICENCES AND TESTS
10.
Vehicles requiring inspection report

The classes of motor vehicles in respect of which a licensing officer shall require production of an inspection report under section 17(2) of the Act shall be—

(a)

public service vehicles;
(b)

commercial vehicles;
(c)

heavy commercial vehicles.

10A.
Inspection certificate

A vehicle inspection certificate issued under section 17A of the Act shall be in Form XXIIA set out in the Second Schedule and shall be displayed in the manner prescribed under rule 8.

11.
Validity of licences and permits
(1)

The following licences and permits shall be deemed to be driving licences in respect of the class or classes of vehicles for which they are issued, and throughout the period of their validity, except where otherwise hereinafter specified—

(a)

a valid driving licence or driving permit issued in Uganda, Tanzania or Ethiopia;
(b)

a service driving permit issued by the Naval, Army or Air Force authorities, but only for the purpose of driving Naval, Army or Air Force vehicles on duty and subject to the permit being issued and used in compliance with any regulations or instructions in force in relation thereto;
(c)

a convention driving permit, held by a person resident outside Kenya;
(d)

a domestic driving permit issued in a country outside Kenya to a person resident outside Kenya, which shall be valid only for a period of ninety days from the date of the holder’s entry into Kenya;
(e)

where by reason of delays in printing or otherwise the form of driving licence prescribed in the Second Schedule is temporarily unavailable, the form

prescribed in that Schedule as an interim driving licence:

Provided that, notwithstanding the foregoing provisions of this paragraph, a permit of a kind referred to in subparagraph (c) or subparagraph (d) shall not be valid so as to permit a person under the age of eighteen years to drive a motor vehicle.
(2)

In paragraph (1)—

“convention driving permit” means an international driving permit issued under the authority of a country outside Kenya which is a party to the Geneva Convention on Road Traffic of 1926 or the United Nations Convention on Road Traffic of 1949;

“domestic driving permit” means a document issued under the law of a country outside Kenya authorizing the holder to drive motor vehicles, or a specified class or description of motor vehicles, in that country.

12.
Provisional licences
(1)

A provisional licence shall be subject to the following conditions—

(a)

the holder of the provisional licence shall not drive a motor vehicle unless he is, at all times whilst so driving, accompanied in the vehicle by a person sitting next to him who holds a valid driving licence for the class of vehicle concerned:

Provided that this paragraph shall not apply to the driving of—

(i) a motorcycle that is carried on two wheels without a sidecar attached; or
(ii) a motor vehicle whose construction is such that it provides no accommodation for a person to sit next to the driver;
(b)

the holder of the provisional licence shall not drive a motor vehicle unless, at all times whilst he is so driving, there is exhibited on the front and rear of such vehicle, in such a manner as to be plainly visible to any person in front of or behind the vehicle, a distinguishing mark in the form set out in the Fifth Schedule;
(c)

the holder of the provisional licence shall not—

(i) carry any passenger on a motorcycle that is carried on two wheels without a sidecar attached;
(ii) drive any motor vehicle which is carrying passengers for hire or reward.
(2)

Any person who, not being the holder of a provisional licence, drives any motor vehicle upon the front or rear of which is exhibited a distinguishing mark in the form set out in the Fifth Schedule shall be guilty of an offence.

[L.N. 181/1969, s. 4.]
13.
Driving test
(1)

Any person who is required by the Act to pass a driving test shall apply in writing in the prescribed test application form to a licensing officer, who shall, on payment by the applicant of the prescribed fee, enter the date of payment and his signature, and the date, time and place allotted for the test, in the spaces provided for that purpose on the form.
(2)

The applicant shall produce his test application form, completed as aforesaid, to a driving test examiner appointed under subsection (3) of section 3 of the Act, who shall make arrangements for the driving test to be carried out, and shall either—

(a)

if he is satisfied, having regard to the requirements and provisions of the Act, that the applicant is competent to drive the class or classes of vehicle named in the test application form, issue him with a certificate of competency in the prescribed form; or
(b)

if he is not so satisfied, endorse the test application form to the effect that the applicant has failed to pass the test,

and shall in either case retain the test application form.
14.
Driving licence
(1)

An applicant for a driving licence or provisional licence or for the endorsement of an existing licence in respect of another class or classes of vehicle, shall produce to a licensing officer—

(a)

the application form and fee prescribed;
(b)

two unmounted copies of a recent photograph of the head and shoulders of the applicant, taken full face without hat, 45 millimetres long by 35 millimetres wide and printed on normal photographic paper;
(c)

his certificate of competency, licence or permit as required by paragraph (a) of subsection (1) of section 31 of the Act:

Provided that subparagraphs (b) and (c) shall not apply to an applicant for a provisional licence only.
(2)

On receipt of the document or documents and fee required by paragraph (1), the licensing officer shall, if satisfied with regard thereto, arrange for the issue or endorsement, as the case may be, of the licence.
15.
Register of driving tests

There shall be kept by every driving test examiner a driving test register in which will be entered the name and address of every applicant for a driving test, the serial number of the test application form, the date on which such test was given, the result of such test and, if the applicant was issued with a certificate of competency, the number of the certificate and class of vehicles to which it related.
16.
Applicant to provide vehicle

Every person presenting himself for a driving test in accordance with rule 13 shall provide for that purpose a vehicle, in good roadworthy condition, of the class named in the test application form.
17.
Driving tests classes of vehicles

For the purpose of paragraph (a) of subsection (1) of section 31 of the Act, any person who has passed a test of competence to drive a motor vehicle of the class or type specified in the first column of the Sixth Schedule shall be deemed to have passed a test of competence to drive all motor vehicles of such other classes or types as are specified in the second column of that Schedule in relation to such first-mentioned class or type:

Provided that any person who has passed a test of competence to drive a heavy commercial vehicle or motor omnibus shall be deemed to have passed a test of competence to drive a matatu.

[L.N. 341/1989, s. 2.]
PART IV – CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES
18.
Wheels and tyres of motor vehicles and trailers
(1)

No motor vehicle (other than a road roller) or trailer shall be driven on any road unless it is fitted with wheels and adequately inflated pneumatic tyres, or other type of wheel or tyre approved in writing by the highway authority:

Provided that—

(i) a tractor normally used for agricultural purposes may be fitted with solid rubber tyres on the front wheels; but any such tractor shall only be driven on a road whilst proceeding to or from work or being delivered to a new owner;
(ii) in special circumstances the highway authority may on a particular occasion issue a permit, subject to such conditions as it may impose, for a vehicle to be so driven which does not comply with this rule.
(2)

A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle.
(3)

In subrule (2), “recut pneumatic tyre” means a pneumatic tyre in which an existing tread pattern has been cut or burnt deeper or a new tread pattern has been cut or burnt, except where the pattern is cut entirely in additional material added to the type for the purpose.

19.
Wheels and tyres of other vehicles
(1)

Subject to rule 18, no vehicle the gross weight of which exceeds 450 kg. shall, except on the written authority of the highway authority, be used on any road unless fitted with wheels and adequately inflated pneumatic tyres:

Provided that this paragraph shall not apply in respect of a road constructed or maintained solely for use by vehicles not fitted with pneumatic tyres.
(2)

No vehicle fitted with wheels without pneumatic tyres shall be used on a road if any wheel or tyre fitted to the vehicle is so defective that it does not bear evenly on the level surface when the vehicle is moving thereon.
20.
Wheels and tyres to be adequate

Every vehicle used on a road shall be equipped with such tyres and wheels as are adequate to carry safely the permitted maximum laden weight of the vehicle.
21.
Springs

Every motor vehicle, other than a tractor or motorcycle, shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.
22.
Brakes on motor vehicles
(1)

Every motor vehicle shall be equipped with two entirely independent and efficient braking systems, or with one efficient braking system having two independent means of operation, in either case so designed and constructed that the failure of any single portion of any braking system shall not prevent the brakes on two wheels, or, in the case of a vehicle having less than four wheels, on one wheel, from operating effectively so as to bring the vehicle to rest within the distance and under the conditions specified in paragraph (10):

Provided that, in the case of a single braking system, the two means of operation shall not be deemed to be otherwise than independent solely by reason of the fact that they are connected either directly or indirectly to the same cross shaft.
(2)

In the case of a motor vehicle having more than three wheels and equipped with two independent braking systems, each such system shall be so designed and constructed that, if the brakes thereof act either directly or indirectly on two wheels, they shall act on two wheels on the same axle.
(3)

In all cases the brakes operated by one of the means of operation shall—

(a)

be applied by direct mechanical action without the intervention of any hydraulic, electric or pneumatic device; and
(b)

act directly upon the wheels and not through the transmission gear.

Brakes on steam-driven vehicles

(4)

In the case of a steam-driven vehicle, the engine of the vehicle shall be deemed to be one independent braking system if the engine is capable of being reversed, and is incapable of being disconnected from all the road wheels other than the steering wheels except by the sustained effort of the driver.

Brakes on trailers

(5)

(a) Every trailer having a permissible laden weight exceeding one ton or exceeding

one-half of the unladen weight of the drawing vehicle shall be equipped with at least one braking device capable of—

(i) acting symmetrically on at least half the number of wheels on each side of the trailer;
(ii) preventing the rotation of the wheels when the trailer is uncoupled;
(iii) automatically stopping the trailer if the trailer becomes detached whilst in motion; and
(iv) in the case of a trailer having a permissible laden weight exceeding 3,500 kg., being operated from the towing vehicle.
(b)

Every trailer whose permissible laden weight does not exceed one ton shall, unless fitted with a device capable of automatically stopping the trailer if the trailer becomes detached whilst in motion, be equipped in addition to the main towing attachment with a secondary attachment in the form of a chain or wire rope of adequate strength.

Brakes on semi-trailers

(6)

The provisions of paragraph (5) shall apply to every semi-trailer in an articulated vehicle:

Provided that a semi-trailer having a permissible laden weight exceeding 750 kg. shall be equipped with at least one braking device capable of being operated by applying the service brake from the drawing vehicle.

Brakes on combination of vehicles

(7)

Every combination of a motor vehicle and one or more trailers shall be equipped with brakes capable of controlling the movement of and of stopping the combination in an efficient, safe and rapid way under any conditions of loading on any up or down gradient on which it is operated.

Parking brakes

(8)

Except in the case of motorcycles with or without side-cars attached, every motor vehicle shall be equipped with a braking system so designed and constructed that it can be set so as effectually to prevent two at least, or in the case of a vehicle with only three wheels one, of the wheels from revolving when the vehicle is unattended.

Brakes on other vehicles

(9)

Every vehicle used on a road, other than as provided for in this rule, shall be equipped with a brake or brakes capable of bringing it to rest within a reasonable distance.

Braking efficiency

(10)

The braking system on every motor vehicle shall be so constructed and maintained as to bring the motor vehicle to a stop in a distance of 7.5 metres when running at a rate of 25 kilometres per hour on level ground; in order to measure the adequacy of a braking system under this paragraph it shall be lawful for any police officer or inspector to use a Tapley meter or other instrument of the like function, specified for the purpose by the Commissioner of Police, and any reading on such meter or instrument of less than 30 per cent shall be prima facie evidence of the inability of the brakes tested to conform to the requirements of this paragraph.
23.
Lights on motor vehicles
(1)

Every motor vehicle shall be equipped with two lamps at the front of the vehicle, one on each side; and when a motor vehicle is in motion on a road at night the two lamps at the front of the vehicle shall be lighted and the rays from the lamps shall be white or yellow, and, if the vehicle is capable of proceeding at a speed greater than 30 kilometres an hour, shall be of such intensity as to illuminate the road ahead for a distance of at least 100 metres:

Provided that—

(i) a motorcycle shall show one such light as aforesaid, but if a side-car is attached to the motorcycle there shall be shown on that side of the side-car not adjacent to the motorcycle an additional light of sufficient intensity as to be visible for a distance of at least 150 metres at night;
(ii) when a motor vehicle is in motion at night on a road lighted by electric lamps, it shall be lawful for such vehicle to show two lights in front of the kind and in the manner described in paragraph (2) in place of the lamps described in this paragraph.
(2)

Every motor vehicle and every trailer not attached to a motor vehicle shall, when stationary on a road at night, other than in a car park or in a place reserved for parking in a street where adequate lighting is normally provided, show two lights in front, one at each side, of sufficient intensity to indicate the presence of the motor vehicle or trailer from a distance of 150 metres to approaching traffic:

Provided that a motorcycle not attached to a side-car shall show one such light as aforesaid.
(3)

Every motor vehicle or trailer, when on a road at night, and whether in motion or stationary, shall carry two lamps at the rear of the vehicle of such intensity as to indicate clearly within a distance of not less than 200 metres (in the absence of fog, mist or rain) its presence on the road to traffic approaching from behind, and the lamps shall—

(a)

be mounted securely to the body-work or chassis of the vehicle at a height of not less than 20 cm and not more than 1.5 m;
(b)

be positioned so that they are not more than 10 cm inboard from the outer extremity of the body or chassis, and at least one lamp shall be so constructed as to provide an uncoloured light of sufficient intensity to illuminate clearly the figures and numbers on the rear identification plate unless other means of so illuminating that plate are provided:

Provided that—

(i) where a trailer is attached to a tractor vehicle it shall be sufficient if the lamps are carried at the rear of the trailer;
(ii) a motorcycle not attached to a side-car shall carry one lamp.
(4)

(a) All lamps required by subrule (1) shall be equipped with a means of eliminating

any dazzling effect produced by such lamps, but such elimination shall in every case leave sufficient light to illuminate clearly the road ahead for at least 25 metres.
(b)

Such elimination shall be effected—

(i) on the approach from the opposite direction of another vehicle;
(ii) where in the interests of safety it is necessary;
(iii) where the lamp is used pursuant to paragraph (7).
(5)

No motor vehicle shall be equipped with more than one swivelling light.
(6)

No spot-light or swivelling light shall be used—

(a)

in place of head-lights, save to complete a journey where the head-lights have been damaged;
(b)

in such a manner as to impede the vision of, or cause annoyance to, any user of the road.
(7)

Every motorcycle shall, when in motion in daylight hours, have its front lamp lighted.

[L.N. 44/1984, s. 4.]
24.
Lights on vehicles other than motor vehicles

Every vehicle other than a motor vehicle or trailer, when on a road at night whether in motion or stationary, shall—

(a)

be equipped with two lamps showing a white light, so fixed and lighted as to indicate clearly to approaching traffic from a distance of 150 metres the presence and width of the vehicle and of any load carried thereon; and
(b)

two lamps to the rear so as to indicate clearly its presence on the road to traffic approaching from behind:

Provided that—

(i) in the case of a bicycle, it shall be sufficient to show one only of the lamps referred to in paragraph (a) and paragraph (b);
(ii) this rule shall not apply in respect of a vehicle stationary in a car park, or in a place reserved for parking in a street where adequate lighting is normally provided. [L.N. 181/1969, s. 5, L.N. 44/1984, s. 5.]
25.
Reflectors and warning signs
(1)

In addition to the lamps required or permitted to be carried on vehicles under these Rules, reflectors and warning signs shall also be carried as follows—

(a)

on a bicycle or a power-assisted bicycle—

(i) one red reflector fitted at the rear thereof not less than 45 centimetres above ground level; and
(ii) on and after 1st January, 1970, a warning sign, securely affixed to the rear mudguard and extending upwards from the rear lower edge thereof, conforming to the dimensions and details set out in Part II of the Tenth Schedule: Provided that, in the case of a bicycle or a power-assisted bicycle having a rear wheel the diameter of which does not exceed 50 centimetres—
(b)

on a motorcycle that is carried on two wheels without a sidecar attached, one red reflector fitted at the rear thereof not less than 45 centimetres above ground level;
(c)

on a heavy vehicle, or on a trailer having a tare weight exceeding 225 kilograms—

(i) at the front—a warning sign consisting of a continuous strip of white reflective material not less than 5 centimetres wide, mounted on a metal panel facing in a forward direction extending horizontally for such distance as is necessary to indicate the overall width of the vehicle, or to within 30 centimetres on either side thereof, and so placed that the lower edge of such sign is not less than 30 centimetres and the upper edge not more than 120 centimetres above ground level;
(ii) at each side of the rear—a warning sign conforming to the dimensions and details set out in Part III of the Tenth Schedule mounted on a metal panel so placed that the lower edge of the sign is not less than 60 centimetres and the upper edge not more than 150 centimetres above ground level, and the outer edge is not more than 15 centimetres from the side of the vehicle;
(d)

on a medium vehicle on or after 1st January, 1970—

(i) which is not fitted with reflective plates, as that expression is defined in rule 7(4), each of which is fitted centrally on the central longitudinal axis of the vehicle, the warning signs set forth in paragraph (c); or
(ii) which is so fitted with reflective plates either the warning signs so set forth or two red reflectors on the back thereof fitted respectively not more than 30 centimetres from a line parallel to the longitudinal axis of the vehicle through the lateral extremity of the vehicle on each side, and placed at the same height which shall not be less than 75 centimetres and not more than 180 centimetres above ground level;
(e)

on a heavy vehicle or a medium vehicle two white, yellow or colourless reflectors on the front thereof fitted respectively not more than 30 centimetres from a line parallel to the longitudinal axis of the vehicle through the lateral extremity of the vehicle on each side, and placed at the same height which shall not be less than 75 centimetres and not more than 180 centimetres above ground level;
(f)

on any vehicle not hereinbefore in this rule specifically mentioned, one red reflector fitted on the offside rear of the vehicle not less than 50 centimetres and not more than 180 centimetres above ground level.
(2)

Every reflector carried on a vehicle pursuant to this rule—

(a)

shall be securely affixed to the vehicle so as to be clearly visible from directly in front of or behind such vehicle, as the case may be;
(b)

shall if circular, be not less than 4 centimetres in diameter or, if not circular, be of an area of not less than 12.5 square centimetres and be of such shape that a circle of 25 millimetres in diameter may be inscribed therein.
(3)

Where a rear light of a vehicle is so constructed that, when not showing a light, it is an efficient red reflector facing to the rear and complies with the provisions of this rule applicable to such vehicle, it shall be treated as being such a reflector when it is, as well as when it is not, showing a light.
(4)

Every warning sign required by this rule to be carried on a vehicle, and every reflective plate, shall at all times be maintained in a reasonably clean condition.
(5)

Where under this rule a warning sign is required is be mounted on a metal plate, such plate—

(a)

shall, in all its surface dimensions, be no smaller than the corresponding dimensions of the warning sign concerned; and
(b)

shall be securely mounted on the body, chassis or frame of the vehicle at right angles to the longitudinal axis of the vehicle so that the warning sign is facing directly forwards or rearwards, as the case may be.
(6)

Where the structure of any vehicle is such that it is not possible to comply with the provisions of this rule relating to the size or position of warning signs which are applicable to such vehicle, such signs shall be fitted of such size and in such position as to comply with such positions as nearly as may be.
(7)

For the purposes of this rule and the Tenth Schedule to these Rules but not subrule (8) of this rule—

“commercial vehicle” means any motor lorry, truck, van (including a vehicle commonly known as a “pick up”), breakdown van or like motor vehicle, but does not include a vehicle commonly known as a “station wagon”;

“heavy vehicle” means a motor vehicle, having a tare weight exceeding two tonnes, which is either a commercial vehicle or a public service vehicle;

“medium vehicle” means a motor vehicle, having a tare weight not exceeding two tonnes, which is either a commercial vehicle or a public service vehicle licensed to carry more than five passengers.
(8)

For the purposes of section 53(2)(aa) of the Act, the reflecting triangles shall be of the dimensions specified in Part IV of the Tenth Schedule and shall be constructed in accordance with the Kenya Standard Specification for portable reflective warning triangles for motor vehicles being standard No. KS 03–815: 1987.

26.
Silencers

Every motor vehicle propelled by an internal combustion engine or a compression ignition engine shall be so constructed that the exhaust gases from the engine cannot escape into the atmosphere without first passing through a silencer, expansion chamber or other contrivance suitable and sufficient for reducing as far as may be reasonable the noise which would otherwise be caused by the escape of those gases.

[L.N. 166/1972, L.N. 179/1972.]
27.
Emission of smoke and sparks
(1)

Every motor vehicle shall be so constructed, maintained and used that no smoke or visible vapour is emitted therefrom.
(2)

Every motor vehicle using solid fuel shall be fitted with an efficient appliance for the purpose of preventing the emission of sparks or grit, and also with a tray or shield to prevent ashes and cinders from falling on to the road.

28.
Reversibility

Every motor vehicle whose weight unladen exceeds 8 cwt shall be so constructed and maintained as to be capable of travelling either forwards or backwards.
29.
Reflecting mirror

Every motor vehicle shall be equipped with a reflecting mirror, so constructed and fitted as to enable the driver to be or become aware of the presence in the rear of any other vehicle.

[L.N. 44/1984, s. 7.]
30.
Windscreens and windows
(1)

Every motor vehicle shall be so designed, constructed and used that the driver controlling it has a full view of the road and traffic ahead.
(2)

The windscreen and windows of every motor vehicle shall be kept free from the application of any material which has, or is capable of having, reflective properties.
(3)

The windscreen of every motor vehicle shall be kept in such condition that the driver’s view is not impeded.

31.
Vehicles steered from left-hand side
(1)

Every motor vehicle registered in Kenya which is steered from the left or nearside shall have painted on the rear left side a white arrow pointing to the left, such arrow to be not less than one foot long and two inches broad and to be clearly visible to traffic approaching from behind.
(2)

Every motor vehicle registered in Kenya, other than a commercial vehicle, which is steered from the left or nearside shall be equipped with direction indicators of a type mentioned in rule 32 and shall be fitted at the rear with a red light which lights up when the brakes are applied.
(3)

Every commercial vehicle registered in Kenya which is steered from the left or nearside shall be equipped with mechanical direction indicators capable of being worked by hand by the driver; and shall be fitted at the rear with a red light which lights up when the brakes are applied.
32.
Types of direction indicators
(1)

Subject to rule 31, when a motor vehicle is equipped with direction indicators, such indicators shall be of one of the following types—

(a)

a movable arm capable of protruding beyond each side of the vehicle and illuminated by a steady amber light when the arm is in the horizontal position;
(b)

a constantly blinking or flashing amber light affixed to each side of the vehicle;
(c)

a constantly blinking or flashing light placed at each side of the front and rear of the vehicle; the colour of such lights shall be white or orange towards the front and red or orange towards the rear.
(2)

No lights on any motor vehicle, with the exception of direction indicators, shall be flashing or blinking lights.
33.
Safety glass

The glass of any windscreens and windows facing to the front on the outside of any motor vehicle shall be of a type which, upon impact, does not fly into fragments capable of causing severe cuts:

Provided that this rule shall not apply to any vehicle which was first registered in Kenya before the 1st January, 1930.
34.
Warning instruments
(1)

Every motor vehicle and bicycle shall be fitted with an instrument capable of giving audible and sufficient warning of its approach or position:

Provided that no such instrument shall consist of a gong bell (other than a bicycle bell) or siren, except in the case of a vehicle being used for fire brigade, ambulance or police purposes.
(2)

Every driver of a motor vehicle or bicycle shall, when it is necessary for the safety or convenience of the public, give audible warning of his approach or position by using the warning instrument required by this rule.
(3)

When a motor vehicle is stationary on a road or parking place, no person shall use or permit to be used in connection therewith any warning instrument, except when such use is necessary on grounds of safety; and no such instrument shall be used in such a manner as to be a nuisance to the public.
35.
Wings
(1)

Every motor vehicle other than a tractor shall be fitted with wings or other similar fittings to catch, so far as practicable, mud, water or stones thrown up by the rotation of the wheels, unless adequate protection is afforded by the body of the vehicle:

Provided that this rule shall not apply to a vehicle which is being driven to any place for the purpose of having bodywork fitted or repaired.
(2)

Every bicycle and power-assisted bicycle shall be fitted with an adequate rear mudguard extending from a point forward of the saddle bracket rearwards over and around the rear wheel to a point no higher from ground level than the hub of that wheel.

[L.N. 181/1969, s. 7.]
36.
Trailer couplings

Whenever a trailer is attached to any vehicle, the couplings shall be efficient for the purpose, and shall be maintained in a safe condition.
37.
Speedometers
(1)

Every motor vehicle shall be fitted with a speedometer for recording the speed of such vehicle with reasonable accuracy:

Provided that this rule shall not apply to any tractor, or any engineering or agricultural machinery, or any special vehicle constructed for use by a disabled driver, or any motorcycle the cylinder capacity of which does not exceed 100 c.c., or any vehicle which by reason of its construction is incapable of exceeding 30 kilometers per hour on level ground under its own power.
(2)

Every speedometer shall be fitted in such a manner as to be visible to the driver at all times, and shall be maintained in good working order.
(3)

Any person who drives or uses on a road a vehicle which does not conform to the requirements of this rule shall be guilty of an offence, unless he proves that it was not practicable, by reason of the make or type of the vehicle, or for other good reason, to fit or maintain a speedometer thereto.
(4)

In any case, it shall be no defence in any proceedings for exceeding a speed limit to plead that because a vehicle was not fitted with a speedometer, or because the speedometer fitted was not working, the driver was not aware of the speed of such vehicle.
38.
Windscreen wipers

An efficient windscreen wiper shall be fitted to every vehicle which is so constructed that the driver cannot, by opening the windscreen or otherwise, obtain an adequate view to the front of the vehicle without looking through the windscreen.
38A.
Public service vehicle plates
(1)

Every public service vehicle, with the exception of matatus, shall display, on both front and rear elevations, a sign consisting of the letters “P.S.V.” in black on a white background of such size as to be clearly visible at a distance of thirty metres.
(2)

Every public service vehicle operating as a matatu shall display, on both front and rear elevations, a sign consisting of the letters “P.S.V.” in white on a blue background of such size as to be clearly visible at a distance of thirty metres.
(3)

The owner of a public service vehicle being driven on a road which does not carry a sign required by this rule shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.

39.
Markings on commercial vehicles and trailers

The owner of every commercial vehicle or trailer shall cause to be painted or otherwise clearly marked in the English language in a conspicuous position on the right or offside of every such vehicle, in letters not less than one inch in height which shall at all times be kept clearly legible—

(a)

the name and address of the owner of the vehicle;
(b)

the registered tare weight of the vehicle; and
(c)

the maximum weight the vehicle is authorized to carry.
40.
Trailer plates

The owner of every trailer or towed vehicle (other than a vehicle which requires to be towed on account of a breakdown) shall have affixed in a conspicuous position on the rear thereof the letter “T” in the form in the diagram contained in the Seventh Schedule.
PART V – SPECIAL PROVISIONS RELATING TO MOTOR OMNIBUSES AND MATATUS
42.
Body construction

The body of a motor omnibus or matatu shall be so constructed and maintained as to provide adequate safety for persons travelling therein.

[L.N. 146/1984, s. 4.]
43.
Wheel tracks

The distance between the wheel tracks of the front or of the rear wheels of a motor omnibus, taken from centre in line with the axles, shall not be less than 1.42 metres, and shall in every case be sufficient to ensure the stability of the vehicle.
44.
Doors and steps
(1)

Every motor omnibus shall be provided with at least two exits, one of which may be an emergency window or panel as referred to in rule 45.
(2)

At least one such exit shall be fitted with a door or doors, except where the omnibus has been licensed to carry standing passengers as well as sitting passengers, and each such, door shall be not less than 450 millimetres in width, and shall be so constructed as to permit of the free entrance and exit of passengers at all times.
(3)

Steps shall be provided at each doorway with suitable supports to assist persons when entering or leaving the omnibus.
(4)

The lowest step shall not be more than 450 millimetres above the ground, the rises of all steps shall be closed and the treads of steps shall be fitted with a form of tread-plate approved by an inspector.
(5)

There shall be no entrance on the offside of the omnibus other than the driver’s door.

[L.N. 92/1985, Sch.]
45.
Emergency window or panel
(1)

Every motor omnibus registered in Kenya shall be fitted with an emergency window or panel capable of immediate release in case of accident.
(2)

Emergency windows or panels shall be—

(a)

where the-overall width of the omnibus is less than 2.44 metres, at least 1.22 metres by 440 millimetres in size;
(b)

where the overall width of the omnibus is 2.44 metres or more, at least 1.53 metres by 440 millimetres in size.
(3)

Emergency windows or panels shall be marked as such and instructions for opening such windows or panels shall be clearly shown thereon.
(4)

Emergency windows or panels shall be kept in working order, and shall be tested at least once every month while the omnibus is in use, and may be tested at any reasonable time by an inspector or by a police officer.

[L.N. 92/1985, Sch.]
46.
Access to doors and emergency exits
(1)

There shall be a clear passage to all doors and the emergency window or panel for all passengers in a motor omnibus:

Provided that this subrule shall not apply to an omnibus constructed to carry separate classes of passengers if a separate door and emergency panel is provided for each class.
(2)

No seat, luggage, parcel or other object shall be placed in a motor omnibus so as to obstruct persons attempting to reach any door, emergency window or panel.
47.
Ventilation

There shall be adequate ventilation for both the passengers and the driver of a motor omnibus or matatu without the necessity of opening the sides thereof or any main windows or windscreen.

[L.N. 146/1984, s. 4.]
48.
Interior illumination
(1)

The inside of every motor omnibus or matatu shall be adequately illuminated when on a road at night; all wires conveying electric current shall be so installed and insulated as not to be a source of danger to persons using the omnibus or matatu.
(2)

Means shall be provided to prevent light from the inside of the omnibus or matatu from incommoding the driver.

[L.N. 146/1984, s. 4.]
49.
Destination indicators

Every motor omnibus or matatu shall have at least one suitable indicator which shall show clearly the destination of the omnibus.

[L.N. 146/1984, s. 4.]
50.
Signalling devices

Every motor omnibus or matatu shall be fitted with a bell or other suitable device for the purpose of enabling passengers to signal to the driver or conductor.

[L.N. 146/1984, s. 4.]
51.
Internal height

The internal height of a motor omnibus in the centre line of the omnibus from its floor to the inside of the roof shall not be less than 1.68 metres.
52.
Clearance

All the underparts of a motor omnibus inside the pivots of the front axle and steering arms, as far back as the rear axle, shall clear the ground by at least 18 millimetres; and in calculating such clearance allowance shall be made for wear of tyres and springs and other causes likely to reduce clearance.
53.
Windscreen

Every motor omnibus or matatu registered in Kenya shall be fitted with a windscreen which shall be made of safety glass.

[L.N. 146/1984, s. 4.]
54.
Windows
(1)

Every motor omnibus or matatu registered in Kenya shall be fitted with adequate window space.
(2)

Every such space shall be capable of being closed, but only by glass of adequate strength or canvas.
(3)

Where such window spaces are closed with glass, every alternate window in the sides of the omnibus or matatu shall be capable of being opened.

[L.N. 146/1984, s. 4.]
56.
Fire extinguishers and first aid outfits
(1)

Every motor omnibus or matatu shall carry an efficient fire extinguisher, which shall be maintained in perfect order and shall be carried in such a position as to be readily available for use at any time.
(2)

Every motor omnibus or matatu which operates outside the limits of a municipality shall carry a first-aid outfit sufficient to deal with any reasonable emergency; such outfit shall always be kept in first-class condition, and shall be available for inspection at any time by a medical officer, an inspector of vehicles or any police officer.

[L.N. 146/1984, s. 4.]
60.
Petrol, etc.

No petrol, kerosene or other inflammable liquid shall be carried in or on a motor omnibus or matatu except—

(a)

in the fuel tank; or
(b)

in quantities not exceeding 36 litres placed in containers which are so constructed and maintained as to prevent leakage or evaporation; and such containers shall be carried on the rear portion of the roof of the vehicle in such manner as to prevent them from moving whilst the vehicle is in motion.

[L.N. 146/1984, s. 4.]
61.
Luggage
(1)

No luggage, goods, merchandise or bicycles shall be carried on or in any motor omnibus or matatu except on or in one of the following places, which places shall at all times be so maintained as to provide for the security of every such item—

(a)

on the roof where guard rails have been fitted;
(b)

in a special compartment provided for luggage.
(2)

Notwithstanding anything contained in paragraph (1), light hand luggage or parcels may be carried inside a motor omnibus or matatu, with the permission of the conductor or of the driver where no conductor is carried.

[L.N. 146/1984, s. 4.]
PART VI – SPECIAL PROVISIONS RELATING TO DRIVERS, CONDUCTORS AND PASSENGERS OF MOTOR OMNIBUSES OR MATATUS
62.
Interpretation of Part

In this Part—

“authorized person” includes the owner of the omnibus or matatu concerned or any person employed by him upon or in connection with such omnibus or matatu;

“passenger” means any person who is in or on, or is about to enter, a motor omnibus or matatu.
[L.N. 146/1984, s. 6.]