Imposed car towing fee not anchored in law

For many years, it has been the practice of the traffic police to have vehicles whose drivers have been accused of violating road rules towed to police stations.

This has been the trend even in cases where errant drivers are in the right condition and willing to drive their vehicles to the stations as directed by the law enforcers.

Within Nairobi's Central Business District, one is likely to encounter towing vans packed conspicuously by the roadside, waiting to be summoned.

It is not clear why the police insist on towing cars whose drivers have offered to do so themselves.

In exceptional cases where the drivers are too drunk to drive, involved in an accident or driving mechanically defective vehicles, such a move makes sense.

However, the charges, especially if we consider the distances involved in the towing process, remain the bone of contention.

Charging Sh8,500 for towing a vehicle for a distance of just 500 metres is illogical.

It calls into question the motive of police officers who order for such, and the ownership of the vehicles that do the towing.

In a ruling delivered by acting Principal Magistrate, Benson Nzakyo in a case in which a city lawyer sought to have his car, which had been detained at the Kilimani police station, allegedly for failing to pay towing charges, released, the magistrate observed that there is no law permitting the police to compel suspected traffic offenders to pay towing fees.

Some motorists have accused the police of colluding with tow truck owners to charge excessive fees that includes their bribe. As the magistrate observed, the police actually create business opportunities for private individuals and not the Government they work for.

Doing enough to follow the law will greatly help stem such corruption. It would also help if the police start respecting motorists and following the law.

Remembering the Principal Magistrates ruling, which he said was based on an earlier ruling in a similar case by Justice Festus Azangalala, will be a good way to start.