The Kenya National Highways Authority (KeNHA) has appealed to the Judiciary to impose harsher penalties on drivers of overloaded trucks, citing their significant role in damaging the country’s road infrastructure. The call was made during a sensitisation forum held at the Homa Bay Law Courts, where KeNHA officials engaged judicial officers, prosecutors, and police in discussions on the urgent need for stricter enforcement.
Eng. Michael Ngala, Deputy Director in charge of KeNHA’s Axle Load division, said that overloaded vehicles continue to compromise the durability and safety of roads, particularly trunk highways in Homa Bay County. “Our big challenge is on the control of overloading. Whenever we detect overloaded vehicles, we process them through the courts under the Traffic Act. We urge the Judiciary to impose appropriate sentences that deter offenders,” he stated.
Ngala emphasized the importance of understanding the technical and legal aspects of overloading, highlighting that inconsistencies between the Traffic Act and the East African Community (EAC) Vehicle Load Control Act often result in weak prosecutions or even acquittals. He expressed concern over wide-load vehicles operating beyond legal hours and violating height limits, which has led to damage of critical bridge infrastructure and compromised road safety.
Justice Dr. Fred Nyagaka of the Homa Bay Environment and Lands Court acknowledged the issue and expressed the Judiciary’s commitment to upholding the law. However, he urged KeNHA to ensure proper documentation and evidence is submitted in court to aid successful prosecutions. “Many offenders go scot-free due to lack of sufficient documentation,” he noted.
Justice Nyagaka further called for enhanced collaboration between KeNHA and the Judiciary, advocating for regular training and better information sharing. “Continuous dialogue and structured training will help us handle these matters more effectively,” he said.
The sensitisation forum is part of a national initiative aimed at fostering stronger partnerships between KeNHA, the Judiciary, and law enforcement to safeguard public infrastructure and ensure long-term road sustainability.