Preliminary
Citation
These laws may be cited as the Town council of Taveta (Commercial, Passengers Transport User Permit) By laws 2008.
These By-laws shall come into operation on upon approval by the Minister for Local Government.
Interpretation
“Clerk” means the person for the time being holding the office of the clerk of town and includes his deputy or other authorized officer by the council.
“Vehicle” includes any passenger carrying vehicle for more than six passengers, taxi for hire, pick-ups, light good vans and private vehicles transporting goods for gain and of more than 1200 tones and tare weight of 6720 pounds.
Issue of permits.
4. (1) No person shall within the jurisdiction of the council engage in any commercial, passenger transport business unless he is permitted to do so by the council.
(2) No person shall permit any person, agent or relevant to conduct any such transport without user permit for the time being allowed him to do so.
(3) Any person who contravenes paragraph (1) and (2) of these By-laws shall be guilty of an offense again these By-laws.
Permit Duration
5. User permit granted under these by laws shall be granted on daily basis but not longer than one (1) year and if granted for one year such permit shall end on the 31st day of December that year.
Display, carrying and production of License for inspection.
6. (1) Such user permit shall be produced to an authorized council officer or any police officer on demand.
(2) Every user, agent or servant shall on demand furnish his/her full name and address to a police officer or authorized council office for inspection.
(3) The user of the permit will all times stop after being required to do so by a police officer or authorized council officer.
(4) Any person who contravenes paragraph 1,2 and 3 of these By-laws shall be guilty of an offence against these By-laws.
Power of Arrest, detention, Towing and Confiscation of vehicles.
7. (1) A police officer or an authorized officer of the council shall have powers to detain and prosecute any vehicle owner, user, agent or servant who contravenes these By-laws.
(2) A police officer or an authorized officer of the council shall have the power to arrest, tow and detain vehicles and/or confiscate vehicles where there has been a contravention of these By-laws.
(3) Any user, agent or servant or any other person who obstructs a police officer or an authorized council officer from enforcing these By-laws shall be guilty of an offence.
(4) If a vehicle is towed and detained the council will release it to the owner after payment of the towing charges and after proof that he has complied with the council By-laws earlier contravened.
Liability
8. The council, police officer or any officer of the council shall not be liable in respect of:-
(1) Any damage incurred by or caused to any vehicle being taken into custody.
(2) Any damage caused to a vehicle while in pursuit as a result of contravention of these By-laws.
(3) Any damage caused to a vehicle when the vehicle is being towed to a police station of council yard.
(4) The release of a vehicle taken into custody to a person other than the owner.
Offences under these By-laws
9. (a) Any person who is guilty of an offence under these By-laws shall be liable to a fine not less than two thousand Kenya shillings or to imprisonment for a period not less than six months or to both such find and imprisonment.
(b) Where the offence is of continuing nature, a daily fine of not less than three hundred Kenya shillings shall be imposed until the offence complained of its abated.