The Kenya National Highways Authority (KeNHA) has appealed to the Judiciary to impose stiffer penalties on drivers of overloaded trucks, warning that the continued disregard for weight limits is significantly damaging the country’s road infrastructure.
Speaking at a sensitisation forum held at the Homa Bay Law Courts, Eng. Michael Ngala, Deputy Director of KeNHA’s Axle Load division, said overloading remains one of the biggest threats to the durability and safety of roads, including major 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 emphasized the need for judicial officers, prosecutors, and police to be more informed about both the technical and legal aspects of overloading. Ngala pointed out that inconsistencies between Kenya’s Traffic Act, which criminalises overloading, and the East African Community (EAC) Vehicle Load Control Act, which does not, often result in weak prosecutions or acquittals.
Ngala also raised concern over wide-load trucks operating outside permitted hours and those that exceed height limits, which have reportedly damaged vital bridge infrastructure, endangering the structural integrity of roads.
Homa Bay Environment and Lands Court Judge Dr. Fred Nyagaka echoed the concerns and committed to stricter enforcement of the law. However, he called on KeNHA to provide solid evidence in court to ensure successful prosecutions.
“Many offenders go scot-free due to lack of sufficient documentation. We urge KeNHA officers to strengthen their case preparation,” said Justice Nyagaka.
The forum is part of a broader national initiative aimed at enhancing collaboration between KeNHA, the Judiciary, and law enforcement to safeguard public infrastructure. Justice Nyagaka further recommended ongoing training and closer coordination to improve judicial outcomes and public trust.
“Continuous dialogue and structured training will help us handle these matters more effectively,” he said.
Written By Rodney Mbua
