Robert Nguj Basil, Member of Parliament for Yatta Constituency in Machakos County, has introduced the Traffic (Amendment) Bill, 2026 in the National Assembly, proposing new rules on the detention of motor vehicles and motorcycles under the Traffic Act (Cap. 403).
According to a notice dated April 23, 2026, the Bill seeks to regulate how long police can detain vehicles after traffic offenses by introducing a new Section 107A.
“The principal object of this Bill is to amend the Traffic Act, Cap 403, to ensure that owners of vehicles and motorcycles are not unreasonably deprived of their property where their vehicles are detained to enforce the provisions of section 107 of the Traffic Act, Cap. 403,” read part of the notice.
It also provides that where evidence can be obtained through photographs or assessment reports, detention will be limited to 48 hours.
However, in cases requiring further investigation, the maximum detention period will be 14 days.
MP Robert Nguj Basil Tables Traffic Bill Introducing New Vehicle Detention Rules in Kenya
The proposed law also requires officers in charge to take reasonable steps to preserve detained vehicles in their custody and prevent damage, neglect, or deterioration during ongoing investigations.
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Robert Nguj stated that this will aim to ensure that vehicle owners are not unreasonably deprived of their property during enforcement of traffic laws, while still allowing police to carry out lawful investigations and use detained vehicles as evidence where necessary.
In addition, the MP highlighted that it is intended to introduce clarity, predictability, and accountability in the handling of detained vehicles.
Robert Nguj noted that the proposed amendments acknowledge a limitation on the right to property under Article 40 of the Constitution, but only to the extent necessary for the lawful investigation and prosecution of traffic offenses.
It also confirms that traffic enforcement remains a national government function and does not involve county governments.
Meanwhile, if passed into law, the bill is expected to streamline traffic enforcement procedures, reduce disputes over prolonged vehicle detention, and strengthen protections for motorists while ensuring effective enforcement of traffic regulations.
Motorists Argue on Traffic Police Extortion
The newly proposed Traffic (Amendment) Bill, 2026, comes at a time when concerns have been raised about the conduct of traffic enforcement on Kenyan roads.
Motorists have argued that the traffic police mount checkpoints on various roads, often stopping matatus for barely a second.
In many cases, conductors reportedly part with small amounts of money, ranging from Ksh50 to Ksh200, to avoid delays or disputes with officers.
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However, the practice is out of control and has now become a full-fledged extortion ring, according to the Motorists Association of Kenya.
The association previously expressed outrage over the transformation of traffic policing from a public safety service to a predatory enterprise that harasses and extorts ordinary Kenyans.
They accused some officers of operating like an extortion cartel, exploiting motorists rather than protecting them.
The association further alleged that senior police officers have abandoned official service vehicles and now chase down motorists using high-end personal cars.
