The High Court in Nairobi has declined to issue a conservatory order stopping the National Transport and Safety Authority (NTSA) from rolling out its newly introduced instant fines system.
The ruling follows a petition filed under a certificate of urgency by a motorist seeking to halt the implementation of the system pending the hearing and determination of the case.
Instead of suspending the system, the court directed that the petition be formally served to the respondents—NTSA as the first respondent and the Office of the Attorney General as the second.
The respondents are to appear for mention on April 9, 2026, to confirm compliance and receive further directions.
Petitioners Raise Constitutional Concerns
The petitioner argued that the instant fines system violated constitutional rights and undermined the judiciary. Key concerns highlighted in the petition include:
The system allows authorities to impose fines automatically without allowing motorists to be heard.
Fines can accrue interest on unpaid penalties without a clear legal framework.
It effectively transfers powers traditionally reserved for the courts to an executive agency, the NTSA.
The petition cited provisions from the Constitution of Kenya 2010, including:
Article 50 – Right to a fair trial
Article 47 – Fair administrative action
Article 159 – Judicial authority of the courts
According to the petition, the framework limits the right to a fair trial, preventing alleged offenders from appearing in court, taking a plea, challenging evidence, or presenting a defense.
"The system is a veiled attempt at limiting the right to a fair trial under Article 50 of the Constitution of Kenya, 2010," the petition states.
"This, by divesting, among others, the right of alleged accused persons under the Traffic Act to be presented to court, take a plea, challenge and adduce evidence."
Court’s Direction
While the court did not grant the suspension of the instant fines system, it emphasized that the petition must be formally served to NTSA and the Attorney General, who are expected to appear on the set date for further directions.
The ruling means that the instant fines system will continue operating as NTSA implements its automated traffic enforcement framework, at least until the substantive hearing of the case.
Tags
News