The High Court in Nairobi has declined to issue a conservatory order stopping the National Transport and Safety Authority (NTSA) from implementing the instant fines system.
The ruling followed a petition filed by a motorist seeking to suspend the system pending its full hearing and determination.
The court directed that the petition be served to the respondents and scheduled a mention on April 9, 2026, to confirm compliance and provide further directions. NTSA was listed as the first respondent, while the Office of the Attorney General appeared as the second respondent.
The petitioner argued that the instant fines system violates constitutional rights and undermines the courts’ authority. He claimed the system allows authorities to impose fines on motorists without offering them a chance to be heard.
The petition highlighted that the automated platform can levy fines and accrue interest on unpaid penalties without clear legal justification.
The petitioner cited several provisions of the Constitution of Kenya 2010, including the right to fair administrative action and a fair trial. He claimed the system limits the right to a fair trial under Article 50 by bypassing judicial processes.
The petition also referenced Article 47 on administrative fairness and Article 159, which outlines the judiciary’s authority.
According to the petitioner, motorists lose their ability to appear in court, take pleas, challenge evidence, and present a defense.
The petitioner argued that the instant fines system transfers powers traditionally reserved for the judiciary to NTSA, an executive agency.
He insisted this bypass undermines proper legal procedures and due process.
“The system removes the ability of accused persons to appear in court, take plea, and challenge evidence,” the petition stated. The petitioner requested a conservatory order to halt the system until the full hearing.
He asked the court to prevent NTSA from enforcing fines through the automated platform pending judicial review.
The High Court’s ruling allows NTSA to continue implementing the system while the petition proceeds. The case remains scheduled for April 9, 2026, for further directions and confirmation of compliance.
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