Kathiani MP Robert Mbui has introduced the Traffic (Amendment) Bill, 2026, which changes how police detain vehicles and motorcycles in Kenya. The bill aims to balance law enforcement with private property protection by addressing vehicle owners' long-standing concerns over prolonged and unjustified detentions. It specifies when and how police can detain vehicles.
Kathiani Member of Parliament Robert Mbui has tabled the Traffic (Amendment) Bill, 2026, in Kenya's National Assembly to reform police procedures for detaining vehicles and motorcycles.
The bill permits detention only if a vehicle or motorcycle is directly linked to an offence, serving as evidence in a trial or for investigation purposes.
This addresses complaints over arbitrary and extended impoundments.
For evidence purposes, if a photograph or assessment report suffices, detention is limited to 48 hours.
Investigative detentions are capped at 14 days maximum.
These timelines aim to curb prolonged vehicle impoundments.
The officer in charge of the police station must ensure proper preservation of detained vehicles to prevent frequent reports of damage or vandalism in custody.
The bill preserves court powers under section 121 of the Criminal Procedure Code. "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.
"This Bill does not delegate legislative powers. However, the Bill does limit the right to property under Article 40 of the Constitution to the extent that a police officer may detain a vehicle or motorcycle for purposes of investigation,"
If enacted, the legislation could provide significant relief to Kenyan vehicle and motorcycle owners.