The High Court has issued fresh orders halting the implementation of a newly introduced instant traffic fines system by the National Transport and Safety Authority (NTSA), dealing a temporary blow to the agency’s efforts to streamline traffic law enforcement across the country.
In a ruling delivered on Thursday, Justice Bahati Mwamuye directed that the new system be suspended pending the hearing and determination of a constitutional petition challenging its legality.
The case was filed by lawyer Shadrack Wambui, who moved to court seeking to block the rollout of the controversial directive. Justice Mwamuye issued a conservatory order restraining NTSA and other parties involved in the rollout from implementing or enforcing the instant fines system.
The directive effectively stops authorities from issuing or demanding payment for traffic penalties generated through automated or algorithm-based systems.
“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” Justice Mwamuye ruled.
The court’s decision means that NTSA and any other concerned agencies cannot generate or enforce traffic penalties produced through algorithmic or automated decision-making systems linked to the Instant Traffic Management System until the matter is fully heard and determined.
The petition challenging the directive was filed by Wambui in collaboration with a civic lobby group, Sheria Mtaani, which has been vocal about governance and justice issues affecting ordinary citizens.
The petitioners argue that the introduction of automated traffic fines raises serious legal and constitutional questions, particularly around due process, transparency, and the rights of motorists to challenge penalties issued against them.
In addition to suspending the implementation of the fines system, the court also raised concerns about the financial channel through which the fines were to be processed.
Amid public debate over the selection of a single bank to receive the payments, the court, on its own motion, ordered that the financial institution involved be included in the case as an interested party.
Justice Mwamuye further directed the petitioner to serve all respondents in the matter, including the State Law Office and the NTSA, with the petition and copies of the court orders immediately. The petitioner has also been instructed to file an affidavit confirming service by the close of business on Friday, March 1.
The court scheduled the matter for mention on April 9 this year. During that session, the judge will confirm compliance with the orders issued and provide further directions on how the petition will proceed toward hearing and determination.
The instant fines system had been introduced under the Traffic (Minor Offences) Rules of 2016, which allow motorists who commit minor traffic violations to pay prescribed penalties immediately rather than undergoing lengthy court processes.
Authorities had argued that the move was intended to modernize traffic enforcement and improve efficiency in dealing with minor road offences.
According to NTSA, the system was designed to help reduce congestion in courts caused by numerous minor traffic cases while also promoting responsible driving habits across the country.
The agency maintained that instant penalties would enable faster enforcement and ensure motorists are held accountable for traffic violations without unnecessary delays. Under the new framework, several offences carried fixed fines.
For instance, motorists found driving vehicles without properly affixed identification number plates, operating vehicles without valid inspection certificates, or causing obstruction on the road would each face a fine of KSh10,000. The same penalty applied to vehicle owners or operators of public service vehicles (PSVs) who employ unlicensed drivers or conductors.
Other offences, including driving a PSV while unqualified, driving on pavements or pedestrian walkways, operating vehicles along footpaths, allowing an unlicensed individual to act as a PSV driver or conductor, and failing to stop when ordered by a police officer, each attracted a fine of KSh5,000.
Meanwhile, offences such as driving without the appropriate licence endorsement for the class of vehicle being operated, failing to obey the lawful directions of a police officer, ignoring traffic signs, or failing to display reflective triangles or lifesavers when required carried a penalty of KSh3,000.
However, despite the government’s argument that the instant fines system would improve efficiency and road discipline, the policy has sparked mixed reactions among motorists, legal experts, and civil society groups.
Critics argue that automated fines may lack transparency and could deny motorists a fair opportunity to challenge accusations before being penalized.
With the High Court’s conservatory order now in place, the implementation of the system remains suspended until the petition is heard and determined, setting the stage for a legal battle that could shape how traffic laws are enforced in the country in the future.
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