High Court Declares ‘Careless Driving’ No Longer an Offence Under Law

The High Court in Isiolo, Kenya ruled that the offence of 'careless driving' was deleted from Section 49(1) of the Traffic Act by an amendment effective December 1, 2012, and replaced with 'driving without due care and attention'. A motorist convicted in 2018 for careless driving had his conviction quashed and fine of Ksh200,000 ordered to be refunded. The court held that prosecuting for a non-existent offence violates Article 50(2)(h) of the Constitution.