CAR HIRE AGREEMENTS: Due Diligence
INTRODUCTION
Recently, I was called out to bail a client who had been arrested for the offense of stealing of motor vehicle contrary to Section 278 A of the Penal Code, with the alternative charge of Conveying stolen property contrary to Section 323 of the Penal Code.
Section 323 of the Penal Code states as follows:
“Any person who has been detained as a result of the exercise of the powers conferred by section 26 of the Criminal Procedure Code (CAP 75) and is charged with having in his possession or conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account to the satisfaction of the court of how he came by the same, is guilty of a misdemeanor.”
http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2063
My client had hired a car for a cross-country journey, not knowing that the car had previously been reported as stolen. Detectives from the Directorate of Criminal Investigations arrested him.
He did not have any documentation to show that he had hired the car, apart from a mobile money transaction message showing him transferring money to another person ( whom he claimed hired the car to him).
The purpose of this article is to introduce the reader to the basic due diligence that should precede any attempt at taking a car for hire.
CAR HIRE AGREEMENTS
Before getting any motor vehicle on hire, the hirer should insist on having a car hire agreement. The agreement will capture necessary details such as
- The Name of the hirer
- The name of the company/individual who owns the vehicle
- The vehicle registration number
- The chassis and engine number of the vehicle
- The duration of the hire
- Exclusion of liability clause
The hirer should then confirm the ownership details of the motor vehicle through the National Transportation Safety Authority (NTSA) self-service portal which can be accessed through NTSA Citizen Self-service Portal
CONCLUSION
A well-detailed agreement and thoroughly conducted due diligence might be the difference between enjoying a hassle-free car hire or getting arrested for possession of a stolen motor vehicle.
