R. v. Albert s/o Mwandenuke, (H.C.D 1969) Crim. Rev. 132-D-68, 2/12/68, Biron J

The accused was convicted on his own plea of driving a motor vehicle with defective steering c/ss 43(d) and 70, Traffic Ordinance, Cap. 168 and was fined Shs. 70/- and ordered to pay the vehicle inspector’s fee of Shs. 20/-.

Held: Fine reduced to Shs. 30/- and the order to pay the inspector’s fee set aside. “As is abundantly clear from the proceeding, the accused was a driver employed by the Tukuyu Agencies. He could, therefore  hardly be held responsible for the state of disrepair of the vehicle owned by his employers. The responsibility for maintaining a vehicle in good order and roadworthy condition is that of the owner, although a driver may sometimes share such liability if, for example, he fails to report defects to his employer, though he certainly cannot be held responsible for the state of the vehicle, and, should he refuse to drive it, he may well suffer the loss of his job. In the circumstances the fine plus the inspection fee, which doubtless constitute a substantial part of a month’s salary, cannot be justified”.