Explainer: How proposed traffic law changes vehicle detention in Kenya

Motorists in the country are set to benefit from a proposed legal overhaul that would change how police detain vehicles and motorcycles under the Traffic (Amendment) Bill of 2026.

The Bill sponsored by Kathiani Member of Parliament Robert Mbui seeks to address long-standing complaints from motorists over prolonged and sometimes unjustified vehicle impoundments.

It sets out clear conditions under which law enforcement officers may detain a vehicle or motorcycle only if it is directly linked to an offence as evidence in court or for investigation purposes.

Under the proposed framework, detention timelines are strictly defined. If a vehicle is held as evidence and photographs or assessment reports are sufficient, it must not exceed 48 hours, while investigative detention is capped at 14 days.

The aim is to prevent prolonged impoundment of property and reduce cases where vehicles remain in police custody for extended periods without clear justification.

The Bill also places responsibility on officers in charge of police stations to ensure proper preservation of detained vehicles and motorcycles amid concerns about damage or vandalism while in custody.

It maintains that judicial authority remains unaffected, allowing courts to issue orders regarding detained vehicles where necessary in line with existing criminal procedure law.

“Nothing under this section affects the power of a Court to make an order under section 121 of the Criminal Procedure Code,” the Bill read in part.

“This Bill does not delegate legislative powers. However, the Bill does limit the right to property under Article 40 of the Constitution to the extent that a police officer may detain a vehicle or motorcycle for purposes of investigation,” it added.

If enacted, the law would significantly reshape roadside enforcement practices by narrowing police discretion in detaining vehicles and motorcycles.

It is expected to offer relief to many motorists who have previously faced delays and losses linked to extended vehicle impoundment.

Lawmakers argue that the reforms balance enforcement needs with protection of private property rights while still allowing police to conduct investigations effectively under defined limits.

Overall, the proposal is positioned as a response to public concern over vehicle detention practices and seeks to introduce clearer safeguards and accountability within police handling of impounded property across the country.

By setting firm timelines and requiring proper care of detained vehicles, the Bill aims to reduce disputes between motorists and law enforcement while preserving judicial oversight in criminal matters and strengthening public trust overall system-wide.