Subject: Conviction of drunk drivers to mandatory community service

THAT, aware that Article 183 (3) (c), of the Constitution of Kenya, 2010 provides that the County Executive Committee shall inter alia implement with the county, national legislation to the extent that the legislation so requires; noting that Section 44 of the Traffic Act Cap 403 provides that any person who when driving or attempting to drive or when in charge of a motor vehicle on a road or other public place, is under the influence of a drink or a drug to a certain extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable to a fine not exceeding Kshs.100,000 or imprisonment for a term not exceeding two years or both; further noting that Section 4 (2) (d) of the National Safety Authority Act, 2012 indicates that the authority, while performing its functions under the Act, shall develop and implement road safety strategies; deeply concerned that despite the existing statutory provisions, regulations and mitigations on road safety towards deterrent of drunk driving, road carnage and as a result of the same remains on the rise in the County and the country at large, this covers 32% of all the reported road accidents, with such cases reported on late nights and on weekends; acknowledging the need for a multi-agency approach towards deterrence of drunk driving by introduction of community service for the offenders as a way of changing of attitude and bringing awareness of the imminent risks of loss of life associated with such unlawful and unethical acts; further acknowledging the need for collaborative approach by the National Government, the Judiciary and the County Government as provided for in Article 189 of the Constitution of Kenya, 2010 in mitigating drunk driving behavior in the County; this Assembly urges the that County Executive moves with speed and:- i)     Partner with National Transport and Safety Authority (NTSA) and the Judiciary through the City Courts towards introducing of a mandatory conviction to community service for all the drunk driving cases in the county; ii)    Provide for community service to be conducted in the existing Nairobi City County Mortuary facilities focusing on administrative and compound cleaning duties under the supervision and clearance of the facility’s Chief Administrator; iii)   Undertake a sensitization talk from the facilities Chief Administrator on the risks associated with drink and drive and information on death cases as a result of drunk driving; and, iv)   Develop a policy that will see the introduction of community services for the convicted drunk driving cases in the County.
Notice of Motion 4th May, 2023
Mover Hon. Dr. Clement Kamaru, MCA
Seconder Hon. Chris Mutumishi, MCA
Dates Debated and/or Concluded 22nd June, 2023
Remarks Adopted
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