A row is brewing between the office of the DPP and the Judiciary over the criminal case involving a transit South African truck.
The lorry which had brought unclassified cargo through Tanzanian ‘panya routes’ was apprehended along the Athi River-Isinya road by mobile weigh-bridge police.
The bone of contention is non-compliance to stipulated cargo size and width as the nabbed lorry is beyond allowed limits.
The mobile unit, acting on a tipoff from motorists inconvenienced by the lorry, arrested the driver and forced the lorry to Isinya weighbridge for axle load compliance checks.Â
Upon inspection, it was discovered that the vehicle had been illegally fitted with an extra axle, altering it from a 6-axle to a 7-axle setup with a drawbar trailer.
This modification unlawfully increased its load limit from 50,000kg to 56,000kg, allowing for dangerous overloading.
The driver was charged under Section 20(1)(i) of the EAC Vehicle Load Control Act for operating a vehicle with a mechanism that affects its weight. He pleaded guilty.
However, the magistrate ordered the lorry be released despite pleas by the Office of the Directorate of Public Prosecutions (ODPP).
Transport stakeholders say the ruling sets a dangerous precedent and could encourage future violations.
Overloaded and non-compliant trucks have been blamed for rapid road damage and a rise in fatal accidents along EAC corridors.
