Why instant fines are the way to go

The Kenyan justice system’s tendency to detain individuals for minor offenses such as breaking traffic rules is worrying. Such arrests not only waste time but also have ripple effects that hurt individuals, families and the economy.

It’s time we re-imagined our approach to petty offenses by implementing instant fines, which would reduce prison and court congestion, and contribute to economic growth.

Currently, it is not uncommon for individuals to be arrested and detained for minor infractions instead of being allowed to pay a fine immediately. This not only wastes valuable time but can have lasting repercussions on those involved, including significant disruption of people’s lives. A friend recently lost his job after being detained for two days because he was found in a bar.

Our court system is overwhelmed with more serious cases, such as murder and corruption trials, which often remain unresolved for years. Adding minor cases to an already overloaded system only worsens the problem. Instead of focusing on cases that pose a genuine threat to public safety, our courts are tied up with minor matters.

Issuing fines on the spot for minor infractions would eliminate the need for detention or court appearances. For example, traffic offenders could be issued a ticket with a specific fine that could be paid digitally, without the need for them to be taken to a police station. Similarly, individuals who violate public order laws could be fined immediately.

Instead of being detained and taken to court, individuals would simply pay their fines and return to their daily lives. This would allow people to continue working, running businesses and contributing to the economy. In addition, the Judiciary would be freed to focus on more serious cases. Instant fines could also serve as a new revenue stream for the government. Properly managed, this system could generate funds that could be reinvested into community development or used to support law enforcement and judicial reforms.

To mitigate abuse, such a system must be standardised and digital, with payments being traceable. Fines should also be reasonable, ensuring they are proportionate to the offense.

Andrew Walyaula