LSK files suit for removal of Traffic Commandant Kimaru

The Law Society of Kenya has filed a suit to eject Traffic Commandant Mr. Samuel Kimaru over  from office over the rising number of road accidents.

LSK has also included the National Police Service Commission (NPSC) as respondents in the suit filed at the Mombasa High Court.

The suit seeks a declaration that the Traffic Commandant is unfit to hold office following omissions, actions, abuse of power and gross neglect of Constitutional and Statutory duties.

It further seeks an order directing the NPSC to sack Kimaru as an employee of the Service.

In the suit, the Law Society said thousand of lives are being lost on Kenyan roads stating adding that   “Neglect of duty by the Traffic Commandant and the NPSC leads to loss of over 3,000 lives on the road annually,”

LSK told the High Court that over 9,000 people are maimed for life annually, 26,000 vehicles and other property destroyed annually and billions of shillings spent on hospital bills and funeral expenses.

“Over 1,725 people lost their lives on the road between January and July 16, 2013 alone,” LSK said in the plaint.

LSK further argued that unlawful omissions and actions of the Traffic Commandant and NPSC have significantly contributed to the Police Service becoming the most corrupt institution countrywide.

“The Kenya Police service has consequently been nationally and internationally recognised as the most corrupt institutions,” LSK said.

LSK said that the respondents are in gross violation of the National Police Service Act No. 11 of 2012.

“The Traffic Commandant has failed to maintain law and order on roads, protect life and property, investigate, prevent and detect traffic offences, apprehend offenders, and enforce of all traffic laws and regulations,” LSK said.

“The Traffic Commandant is professionally and vicariously liable for the neglects, unlawful omissions, and commissions of the officers working under his command.” LSK added.

LSK also told the court that as a result of the Commandant’s failure to remove defective vehicles from the roads, a substantial number of vehicles with visible defects or violations of the Traffic Act pass through Traffic checkpoints.

- See more at: http://www.the-star.co.ke/news/article-141868/lsk-files-suit-removal-traffic-commandant-kimaru#sthash.aBuor3oN.dpuf