By-Laws

Section 1. Citation. Section These By-laws may be cited as the City of Nairobi (Taxi-cab) By-laws.

Section 2. Interpretation. Section standing on any taxi rank;

Section 3. Application. Section These By-laws shall apply to a taxi-cab and its owner and driver and the owner of any vehicle who permits such vehicle to ply for hire as a taxi-cab and the driver of any vehicle who drives such vehicle as a taxi-cab•

Section 4. Licences. Section 4(1)(a) a taxi-cab licence; and Section 4(1)(b) a taxi-cab driver's licence. Section 4(2) Subject to the provisions of by-laws 7 and 32 of these By-laws, a licence shall expire on the 31st December in the year for which it is issued.

Section 5. Application for licence. Section 5(1) An application for a taxi-cab licence shall be made on the form provided in that behalf by the town clerk and shall be signed by the owner of the vehicle. Section 5(2) An application for a taxi-cab driver's licence shall be made on the form provided in that behalf by the town clerk and shall be signed by the applicant. Section 5(3) An application form shall be completed in the English language and the town clerk may refuse to accept an application form which in his opinion is not correctly completed. Section 5(4) An application form shall be delivered to the town clerk at least two calendar months before the date on which the licence is intended to take effect: Provided that the town clerk may accept an application and issue a licence at any time.

Section 6. Town Clerk to issue licence. Section 6(1) On application being made in accordance with the provisions of by-law 5 of these By-laws, the town clerk shall, subject to the provisions of by-laws 7 and 13 of these By-laws, issue a licence which shall, in the case of a taxi-cab licence be in the form specified in the First Schedule to these By-laws and, in the case of a taxi-cab driver's licence, be in the form specified in the Second Schedule to these By-laws. Section 6(2)(a) in the case of a taxi-cab licence, a licence plate bearing the number of the licence issued and the number of passengers the vehicle is licenced to carry, and also a tariff card showing the maximum taxi-cab fares for the time being authorized under these By-laws; and Section 6(2)(b) in the case of taxi-cab driver's licence, a badge bearing the number of the licence issued. Section 6(3) There shall be paid to the council at the time a licence, plate or badge is issued pursuant to the provisions of paragraphs (1) or (2) of this by-law the fees prescribed therefor in the Third Schedule to these By-laws. Section 6(4) Every licence shall be under the hand of the town clerk or of such other officer of the coun...

Section 7. Power to refuse licence. Section 7(1)(a) the owner is not resident within Kenya or is an undischarged bankrupt; or Section 7(1)(a)(i) the owner is not resident within Kenya or is an undischarged bankrupt; or Section 7(1)(a)(ii) the issue of the licence is prohibited by by-law 13 of these By-laws; or Section 7(1)(a)(iii) the vehicle to which the application or licence relates does not comply with the requirements of the Traffic Ordinance, or of any Rules made thereunder, or, in the opinion of the city engineer, does not comply with any of the requirements of these By-laws or is otherwise unfit for use as a taxi-cab and the city engineer so certifies in writing; or Section 7(1)(a)(iv) the vehicle to which the application or licence relates has an engine capacity of less than 800 c.c.; and Section 7(1)(b) the applicant is unable to comply with the provisions of the Fourth Schedule to these By-laws; or Section 7(1)(b)(i) the applicant is unable to comply with the provisions of the Fourth Schedule to these By-laws; or Section 7(1)(b)(ii) if the applicant or licensee is not the holder of a valid Kenya driving licence for the type of vehicle to be used as a taxi-cab issued unde...

Section 8. Transfer of licence. Section 8(1) The town clerk may, subject to the provisions of bylaw 7 of these By-laws, with the consent of the holder thereof and upon payment of a fee of twenty shillings, transfer a taxi-cab licence from the holder to another person. Section 8(2) No licence shall be transferred so as to apply to a vehicle other than that in respect of which the original application was made and the licence issued.

Section 9. Licence to corporation. Section A taxi-cab licence issued to a body corporate shall be issued in the name of the body to the secretary thereof.

Section 10. Duplicate licence or plate. Section 10(1) An application for a duplicate licence or licence plate or badge shall be made in writing to the town clerk and shall set forth details of the lost licence, plate or badge, as the case may be, and the manner in which the same was lost or destroyed. Section 10(2) The town clerk shall, if satisfied as to the facts disclosed in the application referred to in paragraph (I) of this by-law, and on payment of a fee of ten shillings in the case of a taxi-cab licence or plate and five shillings in the case of a taxi-cab driver's licence or badge, issue a duplicate thereof.

Section 11. Power to carry on business. Section 11(1) In the event of the death, bankruptcy, unsoundness of mind or absence from Kenya of a person holding a taxi-cab licence it shall be lawful for the purposes of these By-laws and, subject to the provisions of by-law 7 of these By-laws, for the widow, executor, administrator, trustee or manager or any other person approved by the town clerk in writing to carry on until the end of the year in respect of which the licence has been issued the business of such licensee without any transfer or grant of a new licence. Section 11(2) Any person permitted to carry on a business under the provisions of paragraph (1) of this by-law shall possess all the rights and be liable to all the duties and obligations of the original licensee under these By-laws.

Section 12. Surrender of licence. Section Where a licence is surrendered to the town clerk on or before the 30th June in any year, a refund of half the fee thereof shall be made.

Section 13. Limitation on number of taxi-cabs. Section 13(1) The council may by resolution limit the number of taxicabs which may operate within the city at any one time during the next ensuing year, and the town clerk shall not in that year issue any taxi-cab licence in excess of the number contained in such resolution or any amendment thereto. Section 13(2) The town clerk shall, within 14 days of its adoption by the council, cause any such resolution or amendment as is mentioned in paragraph (1) of this by-law to be published in a newspaper circulating within the city.

Section 14. Examination. Section 14(1) An owner shall, when so required in writing by the town clerk, cause his taxi-cab to be produced for examination: Provided that, subject to the provisions of paragraph (5) of this by-law, no taxi-cab, having been examined and certified as fit for use as a taxi-cab, shall be required to be re-examined within a period of three months from the date of such certification. Section 14(2) The town clerk may, on the advice of the city engineer after such examination, suspend the licence in respect of any taxicab until such time as the vehicle is, in the opinion of the city engineer, fit in all respects to be used as a taxi-cab. Section 14(3) There shall be paid to the council at the time of each such examination, as is referred to in paragraph (1) of this by-law, a fee of shillings ten in respect thereof: Provided that if a vehicle has to be examined two or more times before it is certified by the city engineer as being fit for use as a taxi-cab, a fee of shillings thirty shall be payable by the owner for each examination subsequent to the first. Section 14(4) An owner shall within forty-eight hours of its occurrence, report in writing to the town cle...

Section 15. Tariff Card. Section An owner and driver of a taxi-cab shall cause to be exhibited in such vehicle in a position clearly visible to a passenger the tariff card issued pursuant to the provisions of paragraph (2) of by-law 6 of these By-laws.

Section 16. Licence plate. Section 16(1) An owner shall cause the licence plate issued pursuant to the provisions of paragraph (2) of by-law 6 of these By-laws to be attached to the vehicle and maintained in such a manner and position as the city engineer may direct. Section 16(2) Any owner who causes or permits a taxi-cab to be on hire or to ply for hire without the plate referred to in paragraph (1) of this by-law being attached thereto or with such plate so defaced that any figure or material particular thereon is illegible shall be guilty of an offence against these By-laws. Section 16(3) An owner shall within seven days of the expiry of his taxicab licence either by effluxion of time, surrender or cancellation under the provisions of by-laws 7 or 32 of these By-laws return to the town clerk the licence plate referred to in paragraph (1) of this by-law.

Section 17. Fittings in taxi-cabs. Section 17(1)(a) provide and maintain sufficient means by which any passenger may communicate with the driver; Section 17(1)(b) cause the roof or covering to be kept water-tight; Section 17(1)(c) provide and maintain any necessary windows and a means of opening and closing not less than one window on each side; Section 17(1)(d) cause the seats to be properly cushioned and covered; Section 17(1)(e) cause the floor to be provided with a proper carpet, or other suitable covering; Section 17(1)(f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service; Section 17(1)(g) provide and maintain adequate means of securing luggage carried on the vehicle; Section 17(1)(h) provide and maintain adequate internal lighting with at least one light switch so fitted as to enable a passenger to operate it; Section 17(1)(i) provide and maintain easily accessible means for a passenger to open at least one door on each side of the vehicle from the inside. Section 17(2) Any owner of a taxi-cab who causes or permits the vehicle to be on hire or to ply for hire whilst the provisions of paragraph (...

Section 18. Taxi-meters. Section 18(1) Every taxi-cab shall be provided with a taxi-meter of a type approved by the city engineer which shall be maintained in proper working order and shall be set to indicate no greater fares than those prescribed by by-law 26 of these By-laws. Section 18(2) The taxi-meter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any passenger and for that purpose the letters and figures shall be capable of being suitably illuminated. Section 18(3)(a) the sign shall bear the words "For Hire" in plain letters at least one and a half inches in height; Section 18(3)(b) the sign shall be capable of being operated so that it indicates clearly and conveniently to persons outside the vehicle whether or not the vehicle is for hire and for that purpose the letters and figures shall be capable of being suitably illuminated. Section 18(4) The taxi-meter and all fittings thereof shall be so sealed that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seal or seals. Section 18(5)(a) no taxi-meter is fitted thereto; or Section 18(5)(b) the taxi-...

Section 19. Identification. Section 19(1)(a) the name of the owner; and Section 19(1)(b) the business address of the owner; and Section 19(1)(c) the number of the licence issued in respect of the vehicle pursuant to the provisions of by-law 6 of these By-laws; and Section 19(1)(d) the number of passengers the taxicab is licensed to carry. Section 19(2) Any owner of a taxi-cab who causes or permits the vehicle to be on hire or to ply for hire with any such painting or sign as is mentioned in paragraph (1) of this by-law so defaced that any letter or figure is illegible, shall be guilty of an offence against these By-laws.

Section 20. Drivers of taxi-cabs Section 20(1)(a) behave in a civil and orderly manner and take all reasonable precautions to ensure the safety of persons conveyed in or entering into or alighting from the vehicle and the security of passengers' luggage; Section 20(1)(b) if he has been hired to be in attendance with the vehicle at an appointed time and place, unless prevented or delayed by some cause outside his control, punctually attend with such vehicle at such appointed time and place; Section 20(1)(c) subject to any directions given by the hirer, when hired to drive to some particular destination proceed to that destination by the shortest available route; Section 20(1)(d) not convey in the vehicle any greater number of passengers than the number for which it is licenced; Section 20(1)(e) wear the licence badge issued to him pursuant to the provisions of by-law 6 of these By-laws, in such a position and manner as to be plainly and distinctly visible; Section 20(1)(f) convey on the vehicle a reasonable amount of luggage; Section 20(1)(f)(i) convey on the vehicle a reasonable amount of luggage; Section 20(1)(f)(ii) secure any luggage carried outside the vehicle; Section 20(1)(f)...

Section 21. Use of taximeters. Section 21(1)(a) when plying for hire keep the taxi-meter locked in the position in which no fare is recorded on the face of the taxi-meter or, if a sign is provided pursuant to the provisions of paragraph (3) of by-law 18 of these By-laws so operate the sign that the words "For Hire" are clearly and conveniently legible to a person outside the vehicle; Section 21(1)(b) as soon as the vehicle is hired operate the said sign so that the words "For Hire" are not visible to persons outside the vehicle; Section 21(1)(c) as soon as the vehicle is hired, bring the machinery of the taximeter into action; Section 21(1)(d) cause the dial of the taximeter to be kept properly illuminated throughout any part of the hiring which is during the night, as defined in the Traffic Rules, 1953(Sub. Leg) and also at any other time at the request of the hirer. Section 21(2) Any driver who contravenes or fails to comply with any of the provisions of this by-law shall be guilty of an offence against these By-laws.

Section 22. Prohibition of importuning for fares. Section Any driver who, when plying for hire, importunes any person to hire the vehicle by calling out or otherwise attracting their attention or makes use of the services of any other person for that purpose, shall be guilty of an offence against these By-laws.

Section 23. Use of taxi ranks. Section 23(1)(a) proceed with reasonable speed to a taxi rank; Section 23(1)(b) if a taxi rank, at any time of his arrival, is occupied by the full number of vehicles authorized to occupy it, proceed to another rank; Section 23(1)(c) subject to subparagraph (b) of this by-law when drawing up at a taxi-rank, station the vehicle immediately behind the hindmost vehicle on the rank Section 23(1)(d) from time to time when any other vehicle immediately in front is driven off or moved forward cause his vehicle to be moved forward so as to fill the place previously occupied by the vehicle so moved off or driven forward; Section 23(1)(e) when in front or in the next to the front position in a taxi rank remain with the vehicle ready for hire. Section 23(2) Any driver who contravenes or fails to comply with any of the provisions of this By-law shall be guilty of an offence against these By-laws.

Section 24. Refusal of passengers. Section 24(1)(a) he believes on reasonable grounds that such person is suffering from an infectious or contagious disease, or Section 24(1)(b) he believes on reasonable grounds that the acceptance of such person would result in damage to the vehicle or danger to himself or other passengers. Section 24(2) Any driver who cantravenes or fails to comply with any of the provisions of paragraph (1) of this by-law shall be guilty of an offence against these By-laws.

Section 25. Additional passengers. Section Any driver of a taxi-cab who when on hire accepts any other passenger or passengers without the consent of the original hirer shall be guilty of an offence against these By-laws.

Section 26. Fares. Section The owner or driver of a taxi-cab shall be entitled to demand for the hire of the vehicle the fare prescribed by the following table, the rate or fare being calculated by distance unless the hirer expresses at the commencement of the hiring to engage by time: Provided that where the hiring is by distance the owner or driver thereof shall not be entitled to demand a fare greater than that on the face of the taximeter, save for any extra charges authorized by the following table which may not be recorded on the face of the taximeter. Maximum FaresSh.cts.(i)DistanceIf the distance does not exceed one mile, for the whole distance .. .. ..If the distance exceeds one mile, for the first mile ...........................For subsequent mileage at the rate of (per quarter mile or part thereof).......22000050(ii)Waiting timeAt the rate of Sh. 2 for each 15 minutes detained.(iii)Extra chargesFor each article of luggage conveyed on a luggage rack outside the vehicle, per journeyFor each passenger in excess of two, per mile110000

Section 27. Prohibition against demanding greater fare. Section Any owner or driver of a taxi-cab who demands a greater fare than that authorized by by-law 26 of these By-laws shall be guilty of an offence against these By-laws.

Section 28. Position of taxi ranks. Section 28(1) The council may from time to time by resolution prescribe an area to be a taxi rank. Section 28(2) The position of each taxi rank prescribed in accordance with paragraph (1) of this by-law shall be indicated by a sign erected by the council adjacent thereto which shall state the maximum number of vehicles authorized to occupy the rank, Section 28(3) Any person who parks a vehicle other than a taxi-cab in an area prescribed under paragraph (1) of this by-law as a taxi rank shall be guilty of an offence against these By-laws.

Section 29. Unlicensed vehicles. Section 29(1) An owner of a vehicle who permits such vehicle to be on hire or to ply for hire within the city whilst no licence issued under the provisions of by-law 6 of these By-laws is in force in respect of such vehicle shall be guilty of an offence against these By-laws. Section 29(2)(a) drive a vehicle on hire, or Section 29(2)(b) ply for hire in a vehicle, whilst no licence issued under the provisions of by-law 6 of these By-laws is in force in respect of such vehicle shall be guilty of an offence against these By-laws.

Section 30. Unlicensed drivers. Section Any person who, not being the holder of a taxi-cab driver's licence issued under the provisions of by-law 6 of these By-laws, drives a vehicle whilst on hire or plying for hire, shall be guilty of an offence against these By-laws.

Section 31. Presumption as to plying for hire. Section For the purpose of any proceedings under by-laws 29 or 30 of these By-laws, a vehicle which without good and sufficient reason stands in the immediate vicinity of a railway station, omnibus stop or taxi rank for a period of more than ten minutes during any three days in any one period of seven days, shall, until the contrary is proved, be deemed to be plying for hire.

Section 32. Penalties. Section 32(1) Any person who is guilty of an offence against these By-laws shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment. Section 32(2) Any person who within any period of two years, is twice convicted of an offence or offences against these By-laws shall be liable, in addition to any other penalty which the court may impose, to have his licence cancelled by the court from such date as the court may think fit and the court may order that any such person shall be debarred from obtaining a licence for a period, not exceeding one year.

Section 33. Revocation. G.N. 1083/48. G.N. 540/50. G.N. 101/51. G.N. 426/53. G.N. 287/54.