Do we have enough space in jail for traffic offenders?

The new traffic laws kick in on December 1, meaning that Kenyans have only three weeks to familiarise themselves with the same.

This is a very short time considering the gravity of some of the penalties written into the new laws.

These penalties also seem inordinately harsh, but now that they are part of our laws, we have to abide by them. Kenya has one of the highest rates of fatal accidents in Africa and the world. Much of this has to do with poor enforcement of traffic rules by the police, a renegade public transport sector invaded by criminal gangs and lack of public education by the Government.

It is not enough for the Transport Minister to reveal the timeline for enforcement of the new laws.

He must tell Kenyans what the Government will do to ensure that they do not just become another legal footnote ignored by road users and enforces of the law.

At first glance, it appears that the law is just too rigid, leaving the courts with little wiggle room to recommend non-custodial sentences for first offenders whose mistakes result in non-fatal accidents.

Does Kenya have enough space in its jails for traffic offenders?

Is it possible for courts to recommend other forms of restitution like suspended sentences combined with withdrawal of driving licences other than prison sentences?

other options

How about community service plus a fine? In any case, many offenders are drivers of public service vehicles who cannot raise the hefty fines and are more than likely to end up in jail.

Our prison system has undergone limited reforms over the years, but there is still massive overcrowding and even if magistrates prefer to levy fines in the less serious cases, the inability of offenders to pay will only make things worse.

In hindsight, Kenyan drivers needed some kind of shock therapy to wake them up to their bad driving habits, but it might be necessary for Parliament to revisit the new laws and make amendments where necessary.