NAIROBI, Kenya — Motorists could soon be shielded from prolonged and arbitrary vehicle impoundments under a proposed law seeking to regulate how police detain vehicles and motorcycles.
The Traffic (Amendment) Bill, 2026, sponsored by Robert Mbui, introduces strict conditions and timelines for the detention of private vehicles, marking a significant shift in the balance between law enforcement powers and property rights.
The Bill provides that police may only detain a vehicle or motorcycle if it is directly linked to an offence — either as evidence in a criminal trial or for purposes of investigation. This provision seeks to address longstanding complaints by motorists over what they describe as unjustified and prolonged seizures.
Under the proposed framework, vehicles held as evidence cannot be detained for more than 48 hours where alternative documentation, such as photographs or assessment reports, is sufficient.
For investigative purposes, the Bill caps detention at a maximum of 14 days, introducing for the first time statutory timelines aimed at curbing indefinite impoundments.
The legislation further places a legal duty on officers in charge of police stations to ensure the proper preservation of detained vehicles. This comes against a backdrop of frequent public complaints over vandalism, theft of parts, and general deterioration of vehicles while in police custody.
While tightening police powers, the Bill preserves judicial oversight. It explicitly affirms that courts will retain authority to issue orders regarding detained property under the Criminal Procedure Code, ensuring that judicial discretion remains central in disputes over seizures.
“Nothing under this section affects the power of a Court to make an order under section 121 of the Criminal Procedure Code,” the Bill states, reinforcing the role of the judiciary in safeguarding due process.
At the constitutional level, the proposal acknowledges that it limits the right to property under the Constitution of Kenya 2010, specifically Article 40, which guarantees protection from arbitrary deprivation of property.
The proposal signals a broader legislative push to align policing practices with constitutional safeguards, as Kenya continues to refine the balance between state authority and individual rights in its legal framework.
