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The document outlines the procedure for obtaining an abstract from the Kenya Police regarding a road accident, detailing the information required and the confidentiality of police reports. It specifies that the abstract will provide key facts about the accident, including witness details, but will not include certain sensitive information. Additionally, it clarifies that police officers cannot provide evidence in civil proceedings without a subpoena and that interviews with officers can be arranged under specific conditions.
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REPUBLIC OF KENYA
“THE KENYA POLICE
ABSTRACT FROM POLICE ON A ROAD ACCIDENT
The officer ife Division. Date
PO. Box. our ref,
Police re.
I/we understand that your Police Station received a report ofan accident involving.
of feddress).
Which occured on dat). CIT me and place).
invoWing vehicles) Reg No. : co MK
and make
Name of police station where accident reported.
From the record could you please furnish us with the following information
1. fa] Name and address of the owner of the vehicle Reg.No.
(b). Name of the Insurance Company,
2. Has the investigation been completed? Yes/No, delete 2s appropriate)
If s0, has anyone been charged? Yes /No,
If this case is still under investigation is there any likelihood of either party being prosecuted? Yes/No.
3. fits intended to prefer charges, state:
(a) Name of driver/oyclist/pedestrian
(b) Vehicle registration No.
4, Name of charge.
5. Court Case File No. {Trafic Charge Reg. No.
6. Name of investigation Officer.
7. Result of investigations or prosecutions (if known).
8. Accident Register/OB Number. and dete,
9. Persons Injured Name Class of Person Address Nature of Injury
10. Name of Witnesses Addresses
Date (Signed).
Officer in-charge
Police Station
111, When completed, this form isto be returned to:
Name and address of Insurance Company.
oR
Legal Representative or other interested party stating interest and/or connection with the accident,
‘Signature of Person/Company
‘Applying forthe abstract
Note: - when applying forward in triplicate to officer i/e Division,MEMORANDUM
Police reports, books and records are confidential and privileged and the Commissioner is unable to
accede to any request for copies of such documents.
In case of a vehicle accident to which police are called, the Commissioner is generally prepared to
furnish to the parties interested, or to their properly authorized legal representatives, an abstract,
(as overleaf) giving the salient facts of the occurrence as ascertained by the police from their own
observation, including the names and addresses of witnesses, on the understanding that the abstract is
not and does not purport to be, an actual copy of a police report. The police cannot accept
responsibility for the accuracy of the names and addresses tendered by the parties and witnesses.
Except with the consent of the Attomey-General, no abstract will be supplied until police
proceedings have been completed.
‘The abstract form is issued free of charge.
The following particulars will not be supplied:
(a) Details of vehicle tax and driver’s licenses.
(b) Reference to conversation held at the time of accident by or between the parties involved,
other than statements made to the police.
(©) Expressions of opinion, e.g. as to whether an accident could or could not have been avoided or as
ato conditions of any of the drivers or persons involved, or as to estimates or rates of speed of vehicles
Copies of Statements. -No copy of the statement made by a party involved or by a witness, shall be
given except on application by the person who made the statement or to his properly accredited
representative. If an advocate acting for a party applies for a copy of a statement made to the police
by a witness, the Commissioner will write to the witness, and if the witness consents, will supply a
copy of the statement to the advocate free of charge.
Plans, sketches and photographs-Plans, sketches and photographs will not normally be supplied,
Where vehicle examination report forms part of the evidence and will be adduced in court as such,
the parties concemed may have access to that report through the Court Prosecutor. However, a Veh
Inspection Report normally prepared after inspection of a motor vehicle, which will not jeopardize
he police investigations, will be supplied free of charge to the owner/driver of the motor vehicle as,
and when requested.
No police officer will be permitted to give evidence in civil proceedings unless served with a subpoena
Interviews with any police officer concemed can generally be arranged at an officer’s duty station
provided that adequate notice is given. Ifthe exigencies of the services require, the interview may be
held at such other places as may be convenient to the Commissioner of Police. The interview will take
place in the presence of a superior officer at no cost. The proof of evidence may cover statements made
to him at the time and place of occurrence by the party on whose behalf the interview is arranged but
shall not include the statement of any party or witnesses. On production of certificate by an advocate
acting for the party that a civil action has been commenced in any court against that party, or after
service of a subpoena, an interview can similarly be arranged at which a proof of evidence taken may
cover statements made to the police officer at the time and place of occurrence, by any of the parties to
that civil action (including the statements of servants of parties to the action where vehicles were
driven by or were in charge of such servants at the time of occurrence). Statements of witnesses may
not be included