Under the Traffic Act, police officers can issue a Notice to Attend Court (NTAC) instead of making an immediate arrest on minor traffic offenders.
According to the Kenya Police Service, the NTAC serves as an official court summons, allowing the recipient to continue with their day while undertaking to appear before a designated court at a later date.
However, the police service has clarified that the issuance of the NTAC applies to some of the minor traffic offenses, preventing the immediate detention of the offender under Section 116 of the Traffic Act.
“Under Section 116 of the Traffic Act, an officer has the legal power to issue you a Notice to Attend Court (NTAC) instead of arresting you or towing your car on the spot,” the Kenya Police Service elaborated in a statement dated July 7.
The NTAC specifies the court, date, and time the motorist is expected to present themselves to answer the charges listed on the notice, according to the Kenya Police Service.
How a Notice to Attend Court Works
Although the NTAC offers the offender protection from immediate arrest, the notice does not mean the offender will not face legal action for the offense.
However, the notice gives an alleged offender the power to remain at liberty pending court appearance.
Under the Traffic Act, the NTAC must be served on the minor traffic offender within 14 days of the alleged offense.
The 14-day period ensures that motorists are informed of impending legal proceedings within a reasonable period after an incident occurs.
Upon issuing the NTAC, the issuing officer must record the particulars of the alleged offense and provide the recipient with instructions on where and when to attend court.
In some cases, a driver may choose to appear through an advocate or follow other legal options available under the law as dictated by the Traffic Act.
Also Read: NTSA Explains Mysterious Name Linked to KCB Traffic Fine Payment
Contents of the POLICE 72 Form
The POLICE 72 form, officially known as the Notice of Intended Prosecution, is issued by the aKenya Police under the Traffic Act.
The form serves as a formal notification that authorities intend to prosecute an alleged traffic offense.
Further, the POLICE 72 form contains important details, including the date, time, and location of the alleged offense.
In addition, the document contains sections for the recipient’s details, the vehicle registration number, a description of the alleged offense, the officer’s signature, rank, and official stamp.
Traffic Offenses and Penalties Handled Through NTAC
According to the Traffic Act, the minor offenses for which police can issue a Notice to Attend Court include expired insurance that has recently been renewed, minor speeding, worn tires, or defective lights.
The penalties vary depending on the specific offense: drivers and vehicle operators face a KSh1,000 penalty for failure to renew a driving license, while driving without the proper license endorsement attracts a KSh3,000 penalty.
Further, driving without a valid inspection certificate may lead to the imposition of a KSh10,000 penalty.
On the other hand, speeding penalties depend on the extent to which the driver exceeded the set speed limit.
Also Read: NTSA Details Full List of Minor Traffic Offenses and Fines for Motorists
NTAC Appeal Process
Following the issuance of the NTAC, the offender must attend court on the date specified in the notice without fail to avoid an arrest under Section 116(2) of the Traffic Act.
Additionally, failure to attend the court hearing can result in a separate charge under Section 117 notification on a related provision, resulting in a fine of up to KSh 200 or one month’s imprisonment.
If an offender pleads not guilty in court, the magistrate schedules a hearing to present evidence.
However, if the offender is prosecuted, they can file an appeal to the High Court within 14 to 30 days, depending on the ruling.
Alternatively, the offender may request that the police who issued the NTAC withdraw the charges before the offender appears in court.
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