High Court Declares ‘Careless Driving’ Charge Invalid Under Kenyan Law

Motorists facing prosecution under the offence of “careless driving” may have grounds to challenge their cases after the High Court ruled that the charge no longer exists under Kenyan law.

In a landmark judgment, the court found that the offence of careless driving was abolished through amendments to the Traffic Act and replaced with the offence of driving without due care and attention. The ruling came during the hearing of an appeal involving a driver who had been convicted over a road accident that injured several pedestrians.

Court Finds Charge Sheet Defective

The judge noted that although the appellant had been charged with careless driving in 2019, the offence had already been removed from the law in 2012. As a result, the charge sheet used by prosecutors was found to be fundamentally defective.

According to the court, convicting a person for an offence that does not legally exist violates constitutional guarantees on the right to a fair trial.

The judgment emphasized that Article 50 of the Constitution protects individuals from being convicted for acts that are not recognized as offences under Kenyan law.

Change Introduced Through Traffic Act Amendments

The court observed that the Traffic (Amendment) Act of 2012 replaced the offence of careless driving with driving without due care and attention, which is provided for under Section 49 of the Traffic Act. Under the current law, offenders may face fines, imprisonment, or suspension of their driving licences depending on the circumstances and whether it is a repeat offence.

Appeal Allowed

Having determined that the charge itself was based on a non-existent offence, the High Court allowed the appeal and set aside the conviction. The judge ruled that there was no need to examine other issues raised in the case because the prosecution had been founded on an invalid charge.

The decision serves as a reminder to investigators and prosecutors to ensure that charges brought before courts are consistent with existing laws. It also highlights the importance of safeguarding constitutional rights and ensuring that criminal proceedings are conducted within the framework of the law.