THE MUNICIPAL COUNCIL OF MAVOKO

(TAXI-CAB) BY-LAWS 2009

LOCAL GOVERNMENT ACT
(Cap 265)

IN EXERCISE of the powers conferred by Section 201 of the Local Government Act , the Municipal Council of Mavoko hereby makes the following By-laws:-

THE MUNICIPAL COUNCIL OF MAVOKO (TAXI-CAB) BY-LAWS, 2009

PART 1 – INTRODUCTORY

Citation 1. These By-laws may be cited as the Municipal Council of Mavoko (Taxi-cab) By-laws, 2009.

Interpretation 2. In these By-laws, except where the context otherwise requires-

“Municipal engineer” means the person for the time being holding the office of Municipal Engineer in the Municipal Council of Mavoko and includes his deputy and any other authorized officer.

“council” means Municipal Council of Mavoko;

“permit” means a valid permit issued under the provision of these by-laws;

Cap.403 “owner” means the person in whose name a taxi-cab or prospective taxi- cab is registered under part II of the Traffic Act, and in the case of a vehicle subject to a hire purchase agreement includes the hirer.

“passenger” means a person carried in the vehicle for hire or reward;

“ply for hire” includes-
i) standing on any taxi rank;
ii) standing or travelling whilst exhibiting a “For Hire” notice or any other word or sign implying that the vehicle is a taxi cab.

“sealed” means sealed by an official of the council duly authorized
by the city engineer so to do;

“taxi-cab” means a motor vehicle constructed or adopted to carry not more than four passengers, excluding the driver, which is licensed under these By-laws to ply for hire and for the purposes of these byelaws shall include tutukus and bodaboda motorcycles licenced to ply for hire or operate as taxis;

“taxi rank” means any one of the places prescribed by the council under the provisions of by-law 28 of these By-laws;

“town clerk” means the person for the time being holding the office of the Town Clerk of the Municipal Council of Mavoko and includes his deputy;

“vehicle” does not include the motor omnibus as defined by section 2 of the Traffic Act.

Application 3. 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.

PART II - PERMIT

Permits 4. (1) The permits which may be issued under these By-laws are
(a) a taxi-cab permit and
(b) a taxi-cab driver’s permit

(2) Subject to the provisions of by-laws 7 and 32 of these By-laws, a
permit shall expire on the 31st December in the year for which it is issued.

Application 5. (1) An application for a taxi-cab permit shall be made on the form
for permit provided in that behalf by the town clerk and shall be signed by the
owner of the vehicle.
(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.
(3) An application form shall be completed and the town clerk may
refuse to accept an application form which is not correctly completed.
(4) An application form shall be delivered to the town clerk at least one calendar month before the date on which the permit is intended to take effect:
Provided that the town clerk may accept an application and issue a
permit at any time.

Town Clerk to 6. (1) On application being made in accordance with the provisions of issue permit 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 permit which shall, in the case of a taxi-cab permit be in the form specified in the First Schedule to these By-laws and in the case of a taxi-cab driver’s permit be in the form specified in the Second Schedule to these By-laws.

2) The town clerk shall issue, in addition to the permit in respect (of which application is made-
a) in the case of a taxi-cab permit, a permit plate bearing the number of the permit issued and the number of passengers the vehicle is permitted to carry.
(b) in the case of taxi-cab driver’s permit, a badge bearing the permit number of the permit issued and his photograph.
c) require all taxi-cab drivers to wear the prescribed uniform when on duty.

(3) There shall be paid to the council at the time a permit, plate
or badge issued pursuant to the provisions of paragraphs (1) or (2) of this By-law the fees prescribed in the gazetted fees and charges.

(4) Every permit shall be under the hand of the town clerk or of such
other officer of the council as he may in writing authorize in that behalf.
Power to refuse 7. (1) The town clerk shall refuse to issue and the council may at any time
permit cancel a permit if-
(a) in the case of a taxi-cab permit-

(i) the owner is not resident in Kenya and an undischarged bankrupt; or

(ii) the issue of the permit is prohibited by By-law 13 of these By-laws; or

(iii) the vehicle to which the application permit relates does not comply with the requirements of the Traffic Act, or of any Rules made there under, 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

(iv) the vehicle to which the application or permit relates has an engine capacity of less than 800 c.c.; and

(b) in the case of a taxi-cab driver’s permit-

(i) the applicant is unable to comply with the provisions of the Fourth Schedule to these By-laws; or

(ii) if the applicant or licensee is not the holder of a valid Kenyan driving licence for the type of vehicle to be used as a taxi-cab issued under the Traffic Act; or
(iii) if the applicant fails to satisfy the town clerk that he is a fit and proper person to hold such a permit.

(2) The town clerk may refuse to issue a taxi-cab driver’s permit if the applicant has been convicted for an offence against the Traffic Act or these By-laws and is suspended from driving a motor vehicle.

Transfer of 8. (1) The town clerk may, subject to the provision of by-law 7 of Permit these By-laws, with the consent of the holder thereof and upon
payment of a fee as prescribed in the fees and charges schedule, transfer a taxi-cab permit from the holder to another person.

(2) No permit shall be transferred so as to apply to a vehicle other than that in respect of which the original application was made and the permit issued.

Permit to 9. A taxi-cab permit issued to a body corporate shall be issued in the
Corporation name of the corporation to the secretary thereof.

Duplicate 10. (1) An application for a duplicate permit or badge
Permit or plate shall be made in writing to the town clerk and shall set forth details of the lost permit, plate or badge, as the case may be and the manner in which the same was lost or destroyed.
(2) The town clerk shall, if satisfied as to the facts disclosed in the application referred to in paragraph (1) of this by-law, and on payment of a fee as prescribed in fees and charges in the case of a taxi-cab permit or plate and in the case of taxi-cab driver’s permit or badge, issue to the applicant a duplicate permit and or plate as the case may be.

Insanity,
Death, bankruptcy 11(1) In the event of the death, bankruptcy, or unsoundness of
etc mind or absence from Kenya of a person holding a taxi-cab permit
it shall be lawful, for, executor, administrator, trustee or receiver 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 permit has been issued the business of such permit without any transfer or grant of a new permit.
(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 permit under these By-laws

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

Limitation 13. (1) The council may by resolution limit the number of taxi-cabs
on the which may operate within the city at any one time during the next
number of ensuing year, and the town clerk shall not in that year issue any taxi-cabs taxi- cab permit in excess of the number contained in such
resolution or any amendment thereto.
(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.

PART III – PROVISIONS APPLICABLE TO TAXI-CABS

Examination 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.
(2) The town clerk may, on the advice of the city engineer after such examination, suspend the permit in respect of any taxi-cab 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.
(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 as prescribed in the gazetted fees and charges.
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 as prescribed in the gazetted fees and charges shall be payable by the owner for each examination subsequent to the first.

(4) An owner shall within forty-eight hours of its occurrence, report in writing to the town clerk any accident in which damage is caused to a taxi-cab.
(5) On receipt of notification of an accident, as is provided for in paragraph (4) of this by-law, the town clerk may immediately require the taxi-cab to be re-examined, and such taxi-cab shall then be produced for examination within forty-eight hours of the time of posting a notice to this effect by registered post to the last known address of the owner.

(6) Any owner who-
(a) Contravenes or fails to comply with any of the provisions of this by-law; or
(b) permits the vehicle to be on hire or to ply for hire whilst the permit relating thereto is suspended;
shall be guilty of an offence under these By-laws.
Tariff 15. An owner and driver of a taxi-cab shall cause to be exhibited in
card such vehicle in a position clearly visible to a passenger the tariff card
Permit 16. (1) An owner shall cause the permit plate issued pursuant to the
Plate 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.

(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.

(3) An owner shall within seven days of the expiry of his taxi-cab permit either by expiry of time, surrender or cancellation under the provisions of by-law 7 or 32 of these By-laws return to the town clerk the permit plate referred to in paragraph (1) of this by-law.

Fitting in 17. (1) An owner shall in respect of a taxi-cab:-
Taxi-cab (a) provide and maintain sufficient means by which any passenger may communicate with the driver;
(b) cause the roof or covering to be kept water-tight;
(c) provide and maintain any necessary windows and a means of opening and closing not less than one window on each side;
(d) cause the seats to be properly cushioned and covered;
(e) cause the floor to be provided with a proper carpet, or other suitable covering;
(f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;
(g) provide and maintain adequate means of securing luggage carried on the vehicle;
(h) provide and maintain adequate internal lighting with at least one light switch so fitted as to enable a passenger to operate it;
(i) provide and maintain easily accessible means of a passenger to open at least one door on each side of the vehicle from the inside.
(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 (1) of this by-law are not complied with, shall be guilty of an offence under these by-laws.

Taxi-meters 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.

(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.

(3) If the taxi-meter provided under paragraph (1) of this By-law is not fitted with a flag or other device bearing the words “For Hire” clearly visible to persons outside the vehicle, the owner shall cause the vehicle to be provided with a sign so constructed as to comply with the following requirements, that is to say-

(a) the sign shall bear the words “For Hire” in plain letters at least one and a half inches in height;
(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.
(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.
(5) Any person who plies for hire in any taxi-cab or permits any other person so to do whilst-
(a) no taxi-meter is fitted thereto; or
(b) the taxi-meter is not in working order; or
(c) the taxi-meter is not sealed;
shall be guilty of an offence under these By-laws.

Identification 19. (1) Every taxi-cab shall have painted on the outside of both front doors of the vehicle and affixed inside in a position plainly visible to a passenger, in legible letters and figures-
(a) the name of the owner; and
(b) the business address of the owner; and
(c) the number of the permit issued in respect of the vehicle pursuant to the provisions of by-law 6 of these By-laws; and
(d) the number of passengers the taxi-cab is permitted to carry.
(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.

PART IV – PROVISIONS APPLICABLE TO TAXI-CAB DRIVERS

20. (1) Every driver of a taxi-cab shall whilst in charge of the taxi-cab:-
(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;
(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;
(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;
(d) not convey in the vehicle any greater number of passengers than the number for which it is permitted;
(e) wear the prescribed uniform and permit 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;
(f) if the vehicle is so constructed as to carry luggage, when requested by any person hiring or seeking to hire the vehicle:-

(i) convey on the vehicle a reasonable amount of luggage;
(ii) secure any luggage carried outside the vehicle;
(iii) afford reasonable assistance in loading and unloading the vehicle;
(iv) afford reasonable assistance in removing the luggage to or from the entrance of any house, station or place at which he may take up or set down such person;

(g) if any property left in the vehicle be found by or handed to him, convey such property (if not sooner claimed by or on behalf of the owner thereof) within 24 hours to a police station in the city and leave it in the custody of a police officer on his giving a receipt for it;

(h) except when engaged on hire or obstructed by traffic or other reasons beyond his control, not allow the vehicle to stand on any street or other public place elsewhere than at a taxi-rank;

(i) if, to his knowledge, he has conveyed a person suffering from or who is a carrier of any infectious or contagious disease, forthwith report to the department of the medical officer of health at City Hall, Nairobi and carry out such instructions as he may receive with respect to the disinfection of his vehicle;
(j) whilst his vehicle is on hire or ply for hire as the case may be, carry his driver’s license and produce the same to a city inspector or police officer if requested so to do;
k) be clean in person and clothing
(l) refrain from smoking or spitting whilst carrying passengers.
(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.

Use of 21. (1) The driver of a taxi cab shall-
taximeters (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
(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;
(c) as soon as the vehicle is hired, bring the machinery of the taxi
meter into action;

Cap 403 (d) cause the dial of the taximeter to be kept properly illuminated
(Sub Leg) throughout any part of the hiring which is during the night, as defined in the Traffic Rules, 1953, and also at any other time at the request of the hirer.

(2) Any driver who contravenes or fails to comply with any of the provisions of this By-law shall be guilty of an offence under these
By-laws.

22. 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.

Use of 23 The driver of a taxi-cab, when plying for hire in any street, shall-
taxi ranks (a) proceed with reasonable speed to a taxi rank;
(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;
(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;
(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 a s to fill the place previously occupied by the vehicle so moved off or driven forward;
(e) when in front or in the next to the front position in taxi rank remain with the vehicle ready for hire.

(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.

Refusal of 24. (1) Subject to the provisions of subparagraph (d) of by-law of these
Passenger by-laws, a driver of a taxi-cab, unless already on hire or returning to the garage, shall not refuse to accept any person as a passenger unless:-

(a) he believes on reasonable grounds that such person is suffering
from an infectious or contagious disease, or

(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.
(2) Any driver who contravenes 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.

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

PART V – FARES

Fare. 26. The owner or driver of a taxi-cab shall be entitled to demand for the hire of the vehicle the fare prescribed by the tariff card as described by-law 15 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 as displayed on the tariff card

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

PART VI - MISCELLANOUS

Position of 28. (1) The council may from time to time by resolution prescribe Taxi ranks an area to be a taxi rank
(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 and shall state the maximum number of vehicles authorized to occupy the rank.
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 under these By-laws.

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

Unlicensed 30. Any person who not being the holder of a taxi-cab driver’s Drivers Drivers 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.

Presumption 31. For the purpose of any proceedings under by-law 29 or 30 of
as to plying these by laws, a vehicle which without good and sufficient reason
for hire 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

Penalties 32. (1) Any person who is guilty of an offence under these by-laws shall be liable to a fine not exceeding Two Thousand Shillings or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment

(2) Any person who within any period of two years, is twice convicted of an offence or offences under these By-laws shall be liable, in addition or any other penalty which the court may impose, to have his permit 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 permit for a period, not exceeding one year

FIRST SCHEDULE

MUNICIPAL COUNCIL OF MAVOKO (TAXI-CAB) BY-LAWS 2008

TAXI-CAB PERMIT

No…………………………
Permit is hereby granted to ……………………………………………………………..

Of……………………………………………………………….

To ply for hire with taxi-cab hereunder described, in accordance with provisions of
the Municipal Council of Mavoko (Taxi-cab) By-laws, 2008

Make of vehicle………………………………………
Registration number…………………………………
Maximum number of passengers……………………

Subject to the provisions of the said By-laws, this Taxi Cab permit expires on 31st December,
Date………………………………………….
…………………………………………….
For: Town Clerk, Municipal Council of Mavoko.
Town Hall
Mavoko

The permit is only valid if a machine receipt is printed below
(By-law 6)
SECOND SCHEDULE
MUNICIPAL COUNCIL OF MAVOKO (TAXI-CAB) BY-LAWS
TAXI-CAB DRIVER’S PERMIT

Permit is hereby granted to
………………………………………………………………………………………………

of……………………………………………………………………………………………..
To drive a taxi-cab in the Municipality of Mavoko in accordance with the Municipal Council of Mavoko (Taxi-cab) By-laws, 2008.

Subject to the provisions of the said By-laws, this permit expires on the 31st December

____________________________________

Photograph

_____________________________________

Date……………………………..

…………………………………………………
For Town Clerk, Municipal Council of Mavoko

Town Hall,
Mavoko
This permit is only valid if a machine receipt is printed below

(By-Law 7)

THIRD SCHEDULE

An applicant for a taxi-cab driver’s permit under these By-laws must:-

(1) have a thorough knowledge of the tariff of fares authorized for the time being by by-law 26 of these by-laws
(2) have a thorough knowledge of routes, places and distances within the Municipality of Mavoko and of the traffic Act and relevant rules and by-laws:
(3) be able to understand English, or Swahili and read and write numbers in English or Swahili;
(4) be at least 21 years of age;
(5) be at least five in height;
(6) produce testimonials of good conduct from two responsible persons who have known him for a period of at least 12 months;
(7) produce a medical certificate that he is free from infirmity of mind and body;
(8) produce two copies of passport size photograph as a means of identification
(9) produce a current Kenyan driving licence valid for the type of vehicle to be used as a taxi-cab.

Made this day of 2009

By order of the Municipal Council of Mavoko

WISDOM K. MWAMBURI
TOWN CLERK

Approved this day of 2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

Mavoko News

more

Information on...