The Kenya National Highways Authority (KeNHA) has called on the Judiciary to impose tougher penalties to drivers of overloaded trucks, warning that the menace continues to destroy the country’s road infrastructure.
Speaking during a sensitisation forum at the Homa Bay Law Courts, Eng. Michael Ngala, Deputy Director in charge of KeNHA’s Axle Load division, said overloaded vehicles remain a major threat to the longevity and safety of roads, including key trunk highways passing through 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,” said Eng. Ngala.
He stressed the need for judicial officers, prosecutors, and police to understand both the technical and legal implications of overloading, pointing out that some drivers exploit gaps in the enforcement of the Traffic Act and the East African Community (EAC) Vehicle Load Control Act.
Eng. Ngala noted that while the Traffic Act criminalises overloading, the EAC law does not, a situation that sometimes leads to weak prosecution or acquittals.
“Wide-load vehicles that move beyond permitted hours or exceed height limits have been knocking down critical bridge infrastructure. This compromises the structural integrity of roads. We are asking courts to treat these as serious offences,” Eng. Ngala said.
He added that the sensitisation programme is part of a national initiative aimed at strengthening coordination between KeNHA, the Judiciary, and law enforcement to protect public infrastructure.
On his part, Homa Bay Environment and Lands Court Judge Dr. Fred Nyagaka, who presides over matters in both Homa Bay and Migori counties, acknowledged the need for capacity building within the Judiciary on axle load enforcement.
“We are promising to implement the law as it is. But we urge KeNHA officers to ensure they submit strong evidence in court, because many offenders go scot-free due to lack of sufficient documentation,” Justice Nyagaka said.
He further called for better collaboration between KeNHA and judicial officers, noting that wider dissemination of information and ongoing training would enhance case outcomes and public confidence in the system.
“KeNHA should liaise with the Judiciary more consistently. Continuous dialogue and structured training will help us handle these matters more effectively,” he said
