Kigali City Council (KCC) is correct in ensuring that wonton damage to our street lights, traffic lights and palm trees is compensated, they also must ensure the general public that they will be fair while seeking compensation. Presently, when a vehicle knocks down a palm tree the errant driver pays a fine of Rwf 1 million. When it is a street light that has been damaged compensation charges increase to Rwf 2.5 million. Knocking down traffic lights incurs Rwf 15 million. First of all, while it certainly makes sense to force the individual driver, or their insurer, to pay for this damage in case of gross irresponsibility on the driver’s part, it is unfair to ask the car owner to pay when this damage is inevitable and not the driver’s fault. For example, it doesn’t make sense to make a driver, or their insurer, pay when, for instance, the accident occurs as a result of a swerving maneuver to avoid hitting a pedestrian or another vehicle. In cases where there is no fault, there cannot be forced compensation. Secondly, compensation should be flexible. It is unfair to fine someone, who’s damaged a small tree, the same amount of money as someone who’s knocked down a mature specimen. They are valued differently and this must show in the overall compensation. The same goes for street lights. The newer models obviously are worth more than the older ones. Ensuring that drivers act responsibly is a worthwhile goal, but it cannot be detriment of fair practice.