A female traffic officer died at a Kisumu hospital last night after she was hit and run by a matatu that she had tried to flag down along the Kisumu-Busia road.

Constable Immaculate Ocholla, of the Maseno sub-base is reported to have been on duty in the company of her colleagues when the incident occurred.

The driver of the Matatu, belonging to Bungoma line SACCO is said to have speed off after hitting the traffic officer but dumped the vehicle with the passengers on board after he realized he was being trailed.

The vehicle was towed to Maseno police station.

Nyanza traffic boss Andrew Naibei confirmed the incident, saying that the officer sustained leg and head injuries and died at Avenue Hospital.

The driver is still on the run but the police are hunting him down. Naibei said that the owner of the matatu has given the police details that will aid the driver’s arrest.

Causing death by dangerous driving is a criminal offence according to the county’s traffic laws.

Section 46 of The Traffic Act, Chapter 403 of Laws of Kenya[1] provides that any person who causes death by reckless driving is “guilty of an offence”. This statutory provision is mandatory to the effect that any person who causes death by driving to be charged in court, where it would be determined whether the elements of the offence have been met.

 “Any person who causes the death of another by driving a motor vehicle on a road recklessly or at a speed or in a manner which is dangerous to the public, or by leaving any vehicle on a road in such a position or manner or in such a condition as to be dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of traffic which is actually at the time or which might reasonably be expected to be on the road, shall be guilty of an offence whether or not the requirements of section 50 have been satisfied as regards that offence and be liable to imprisonment for a term not exceeding ten years