Kenyans can carry passengers in their vehicles, DPP tells Police
26 December 2015, 18:25
Nairobi - The office of the Director of Public Prosecutions DPP has stated that it is not illegal to carry passengers in personal vehicles as had been directed by Police.
Police have been stopping Kenyans travelling upcountry and asking them to produce identification to verify who they are carrying.
Those carrying people they are not related to have thus been arrested.
But the office of the DPP led by chief prosecutor Duncan Ondimu has criticized the decision, stating it is not inscribed in law.
"We owe a duty to Kenyans and let them know carpooling ain't illegal. Article 50(2)(n) of the Constitution is very clear. You can't charge someone for a non-existent offence," Ondimu said on Saturday.
"You can't punish people who chose to reduce the cost of holiday by carpooling. There is nothing illegal in carrying non-relatives.
"What about intermarriage in families? Carpooling is not illegal," he added.
Kenyans have been puzzled by the decision to arrest them over carrying non relatives.
Police on the other hand have argued that the personal vehicles that are carrying extra curricular passengers are not allowed to as they are not Public Service Vehicles PSV.
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