New beginning as City Hall unveils new by-laws

By Morton Saulo

If you live in Nairobi, own a dog, you must henceforth restrain it from disturbing the neighbourhood through barking or being on the loose during mating season. It will also be an offence if one’s dog is made pregnant by the neighbour’s.

If you are a mkokoteni (handcart) owner of pusher, you must now close shop for the rickety two-wheeler has been banned from the streets of the Kenyan capital just as was smoking in non-designated areas was a few months ago.

If you are a pedestrian walking on the zebra crossing, you must while on the white-stripes, keep to the left, or you will face the wrath of the dreaded city council askaris whose prowess at fighting out with hawkers is simply legendary.

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These are some of the new by-laws unveiled by new Town Clerk Mr Phillip Kisia yesterday as part of the effort to make life in the city orderly, safe, and fair to all.

Woe unto you break the by-laws with an empty wallet, the new raft of rules give road users the leeway to pay instant fines. This will save the ‘loaded’ the inconvenience and embarrassment of being dragged through the City Hall crammed cells and courts — where the fellow next to you could be the fellow arrested while selling dog meat. And for full measure he would be carrying with him the ‘offending’ meat as evidence to be produced in court.

If you are the rogue or impatient motorist who jumps lights, you will also henceforth have to worry about being caught by City Council askari as well as traffic police. The offence is a ticket to prosecution.

Roller-skating

In the new by-laws contained in a proposal on traffic management, Kisia also intends to control loading hours of goods in the Central Business District and outlaw roller-skating.

The by-laws, which have been seen by The Standard also intend to reduce traffic jams in the city by ensuring owners of derelict vehicles are surcharged.

The by-laws shall come into force once the Deputy Prime Minister and Local Government minister Musalia Mudavadi gazettes them. "Contravening of new traffic by-laws the person shall be liable to a conviction or to a fine not exceeding Sh3000 but in the case of second or subsequent conviction for the same offense a fine not exceeding Sh6000 will be accorded," reads one segment.

Handcart pushing will only be used only for organised sports, games or races, not for business, according to the by-laws.

"No person shall drive or cause or permit to be used or driven in upon any public road or side walk any cart "mkokoteni," reads another segment. "Or any other of a similar nature otherwise the than the course of or for the purpose of business," the new by-laws underlines.

On roller-skating the new proposed by laws bans their use on any public road or sidewalks.

For parking and loading restrictions the new laws prohibits any loading between 7am to 5pm from Monday to Fridays and 7am to noon on Saturdays except on public holidays or in respect of any particular loading zone by a traffic sign or marking.

This means all deliveries must be made at night and brings to question the ability of security agents to provide security at these odd hours.

For vehicles other than goods vehicle, the new law calls for not spending more than five minutes continuously on a public road.

It only gives 30 continuous minutes for goods being loaded or off loaded but abolishes stationary vehicles on loading zones.

At the bus stop apart from a bus no vehicle shall be permitted to remain stationary between 6am and 6pm.

Parking positions

For drivers wishing to change car-parking position would be committing an offense unless an interval of 30 minutes elapses, and should not be within a distance of 22.9 metres.

For pedestrians it is now an offense to jump the red lights. "No pedestrian shall commence to cross the road in any pedestrian crossing at such an intersection while the red light of a pedestrian signal is displayed in the direction opposite to that which he is proceeding," the law demands.

Council askaris will also have the powers to disperse crowds of persons on public streets that are perceived to obstruct movement of traffic or inconvenience the public.

Repairing of motor vehicles on public roads is now outlawed.

On holidays a free day for Nairobi residents, the council shall deliver ticket summons during holidays. Upon receipt of the ticket the offenders can pay out of court a specified penalty or appear before a court of law. A conviction fine not exceeding Sh2,000 or Sh3,000 will be charged against those who fail to appear before court or pay fines.

To ensure a level of tidiness, no person shall be allowed to store any derelict motor vehicle, machinery and equipment on their property unless the machinery is contained wholly within a building, or fenced or screened from public viewing.

The new by-laws add: "Every owner or occupier of land shall keep land clear of derelict boat, vehicles, derelict machinery equipment."

If you commit the offence the council shall serve a notice to the landowner and if action is not taken within 14 days then council will remove the scrap at owner’s costs.

Animal control by-laws will require that dogs more than four months old will have to be licensed. Having more than four dogs that are more than four months old will require that valid kennel license is issued annually.

It is now outlawed for one’s dog to bark or cry. "No owner of a dog shall permit or cause the dog to cry or bark in a manner that disturbs the quite, peace, rest comfort of the neighborhood."

Every dog owner shall be required to confine any female dog on heat except such a dog may be conveyed under the control of a competent person to veterinary clinic or a boarding kennel.