[Rev. 2012]
Penal Code
CAP. 63
39. Cancellation or suspension of certificate of competency
(1) Where any person has been convicted under this Code of an offence
connected with the driving of any vehicle in respect of which a certificate of
competency is required, the court before which the person is convicted may in
addition to or in substitution for any other punishment—
(a) if the person convicted holds a certificate of competency, suspend
the certificate for such time as the court thinks fit, or cancel the
certificate and declare the person convicted disqualified for obtaining
another certificate either permanently or for a stated period, and shall
cause particulars of the conviction and of any order of the court made
under this section to be endorsed upon the certificate, and shall also
cause a copy of these particulars and of the order to be sent to the
Commissioner of Police, who shall endorse them on the duplicate
certificate in his custody; or
(b) if the person convicted does not hold a certificate of competency,
declare him disqualified for obtaining such a certificate for such time
as the court thinks fit.
(2) Any person so convicted as aforesaid shall, if he holds a certificate of
competency, produce the certificate, within such reasonable time as the court may
direct, for the purpose of the making of the endorsement referred to in subsection
(1), and a person who fails so to produce the certificate is guilty of a misdemeanour
and is liable to a fine not exceeding six hundred shillings or to imprisonment for a
term not exceeding six months.
(3) A certificate of competency which has been suspended by the court under
this section shall, during the term of the suspension, be of no effect, and a person
whose certificate is suspended or who is declared by the court to be disqualified for
obtaining a certificate of competency shall, during the period of the suspension or
disqualification, as the case may be, be disqualified for obtaining such a certificate.
(4) Any person who is, by virtue of an order of the court under this section,
disqualified for obtaining a certificate of competency may, within fourteen days of
the making of the order, appeal against the order to the High Court; and the court
by which the order was made may, if it thinks fit, direct that the operation of the
order be suspended pending the appeal.
(5) Any person—
(a) who, while disqualified by an order of a court under this section for
obtaining a certificate of competency, applies for or obtains such a
certificate while so disqualified; or
(b) whose certificate of competency has been endorsed pursuant to
this section applies for or obtains another such certificate without
disclosing the particulars of the endorsement,
is guilty of an offence and is liable to a fine not exceeding two thousand shillings
or to imprisonment for a term not exceeding six months, or to both.
[Act No. 42 of 1951, s. 4, L.N. 427/1963, Act No. 21 of 1966, Second Sch., Act No. 24 of 1967, Sch.]
P6-28
[Issue 1]
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