Karen cow arrested for causing road accident

Publish date: 2024-07-09

- Area residents dragged the poor animal to the police station for causing confusion that ended in an accident on the road

- The bizarre occurrence points to a grey area in the Traffic Act as far as domestic roadkills are concerned

- Currently, only wild animals are protected by Chapter 376 section 32 of the Wildlife Act 2012, complete with a Ksh 10,000 fine, imprisonment, or both

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One of the detainees at the Karen police station today is a cow.

This was after area residents dragged the poor animal to the station for causing confusion that ended in an accident on the road.

The bovine had been left to roam free when it wandered into the busy road.

In a video by TV47, five men were seen escorting the animal to 'face' justice.

One of them who appeared to be the herder said he was asked for "KSh 30,000" to pay for the damage but blamed another person who he said startled the animal which then ran to the road causing the accident.

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In true Kenyan style, netizens took to social media to make fun of the incident, with many viewing the decision to 'charge' a cow as far-fetched.

Whereas the occurrence is bizarre, it points to a grey area in the Traffic Act that needs public sensitization.

In most instances, a motorist is held liable whenever he or she rams into a domestic animal on the highway, sometimes being forced to compensate its value in cash.

The controversial bit about this has been that sometimes, the unlucky animal happens to come out of nowhere unannounced and at a range so close that brakes fail to salvage the imminent hit.

It has for decades remained to the discretion of the motorist, herder, and the traffic police. So usually, the one with the highest voice wins the case.

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While the traffic laws on domestic roadkills remain vague, an effort is being made to strengthen the existing clauses on wildlife.

Chapter 376 section 32 of the Wildlife Act 2012 underpins that any individual who wounds a wild animal is liable to a fine not exceeding Ksh 10,000, imprisonment for a term not exceeding two years or both.

The fine is paid to the Kenya Wildlife Services which is the custodian of wildlife in the country.

The reasoning is that these animals roam because it is humans who have encroached on their land, otherwise they have no defined habitats.

Wildlife roadkills, however, are yet to have a defined fine but the clause is being worked on.

In other words, motorists will pay a fine or face imprisonment for hitting wildlife.

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When that happens is left to time, but for now, it remains to be seen whether the owner of the cow will be held liable for failing to restrict its movement since cows should be domesticated.

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Either way, the decision on the matter will set precedence for a new way of looking at accidents involving vehicles and domestic animals that roam our roads.

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