Motorists could soon be protected from excessive towing charges imposed after road accidents as Members of Parliament (MPs) back proposed amendments to the Traffic Act.
Members of the National Assembly’s Transport and Infrastructure Committee on August 4 backed a proposal stating that the changes would protect motorists while safeguarding the public interests.
The committee, chaired by George Kariuki, said the Bill still required refinements, particularly on the responsibilities of law enforcement officers and vehicle owners when vehicles are detained.
Among the key proposals was a recommendation to regulate towing charges to prevent motorists from being subjected to arbitrary or excessive fees after accidents or traffic-related incidents.
Bureti MP Komingoi Kibet said the Bill should prescribe a maximum towing fee instead of leaving the decision entirely to officers on the ground.
“We can probably have a cap on towing rates. This decision should not be left entirely to the police officers on the ground because some take advantage of the situation to overcharge motorists,” Kibet said.
MPs also proposed that police officers be held responsible for the safety of vehicles in their custody, including any valuables locked inside, until the matter giving rise to the detention is concluded.
MPs Back The Traffic (Amendment) Bill 2026
The Traffic (Amendment) Bill, 2026 also seeks to limit the period police can detain vehicles and motorcycles while introducing measures to protect motorists from unnecessary deprivation of their property.
Sponsored by Robert Ngui Basil, the Bill proposes to amend the Traffic Act (Cap. 403) by introducing a new Section 107A to regulate the detention of vehicles and motorcycles in connection with traffic offences.
Under the proposed amendment in the Traffic Act, police would only be allowed to detain a vehicle or motorcycle for two purposes: where it is required as evidence in a criminal trial or to facilitate investigations into an offence.
The Bill also sets strict timelines for detention. Where photographs or an assessment report are sufficient for evidentiary purposes, police would be required to release the vehicle within 48 hours.
Where investigations are ongoing, the detention period would be limited to a maximum of 14 days from the date of impoundment.
In addition, the proposed legislation would require the officer in charge of a police station to take reasonable care of any vehicle or motorcycle held in police custody, including ensuring its preservation while the matter is pending.
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According to the memorandum accompanying the Bill, the amendments are intended to ensure vehicle and motorcycle owners are not unreasonably deprived of their property during the enforcement of traffic laws.
While the Bill limits the constitutional right to property, it states that such limitations would only apply to the extent necessary to facilitate investigations or preserve evidence.
The Bill also preserves the powers of the courts to issue orders on vehicles and motorcycles held by police.
This means the proposed detention timelines would not prevent courts from making decisions on property required as evidence in criminal proceedings.
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Towing Fees in Kenya
In Kenya, towing charges vary depending on the type of vehicle, the distance covered, and the time of day. For private towing and breakdown services, motorists pay between KSh4,000 and KSh15,000 for local or short-distance recoveries of up to 20 kilometres.
For standard saloon cars, SUVs and pickup trucks, towing over short distances of up to 15 kilometres generally costs between KSh3,500 and KSh6,500.
The charges increase to between KSh6,500 and KSh8,000 for distances of 16 to 30 kilometres, while towing light trucks weighing less than four tonnes can cost KSh10,000 to KSh15,000 for local routes.
Motorists may also incur higher charges for services provided at night, with some towing companies applying surcharges of between 20 and 50 per cent for recoveries conducted between 6 p.m. and 6 a.m.
For vehicles impounded by county authorities, the costs can be even higher.
In Nairobi, county towing penalties start at around KSh7,000 if paid immediately at the scene. If the vehicle is taken to a county yard, motorists can pay KSh10,000 or more, in addition to daily storage charges until the vehicle is released.
Overall, county impoundment and long-distance vehicle recovery can cost motorists between KSh10,000 and more than KSh20,000, depending on the circumstances.
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