Traffic offenders should not pay for their vehicles to be towed, rules court

Towing fees charged by police illegal

A recovery vehicle tows away a matatu involved in an accident on Waiyiaki Way in Nairobi.

Police have been barred from imposing vehicle towing charges on traffic offenders.

A court in Nairobi on Tuesday ruled that the charges are illegal. Principal Magistrate B.M. Nzakyo said no law allows police to order suspected offenders to pay the fee to private entities.

The magistrate said traffic police had been creating businesses for private businesses that charge Sh8,500 for every car towed.

The ruling was the outcome of a case in which Mr Robert Macharia, a lawyer, was taken to court on claims he was driving while under the influence of alcohol.

The magistrate directed the officer in charge of the AlcoBlow section in the Highway Traffic Patrol Unit in Nairobi, to unconditionally release the lawyer’s vehicle, which was in police custody.

The magistrate said levying of the towing fee is illegal because the money collected enriches individuals instead of going to the government.

“This money goes to individual pockets and it is an abuse of power for the police who are civil servants to facilitate such an activity,” said the magistrate.

The use of AlcoBlow and hand-held speed guns by traffic officers to detect drunk and speeding drivers has increased the number of vehicles towed to police stations.

The court’s decision is a relief to drivers who have been paying the hefty fee to have their vehicles released after being towed to police stations.

However, it a setback to those who own trucks and equipment used to tow public and private vehicles from the road.