High Court halts NTSA instant traffic fines system pending legal review
Motorists across the country have received temporary relief after the High Court suspended the enforcement of instant automated traffic fines introduced through a digital monitoring system.
In orders issued on Thursday, Justice Bahati Mwamuye barred the National Transport and Safety Authority (NTSA) and the Office of the Attorney General of Kenya from issuing, generating, demanding, or enforcing traffic penalties produced through algorithmic or automated decision-making 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 directed.
The orders will remain in force until the court hears and determines the case.
The ruling followed a constitutional petition filed by lobby group Sheria Mtaani through lawyers Danstan Omari and Shadrack Wambui. The petition challenges the legality of the instant traffic fines system recently rolled out by NTSA to enforce road regulations.
Justice Mwamuye also directed that KCB Bank Kenya be enjoined in the case as an interested party.
The court further ordered that the respondents and the bank—whether acting jointly or separately—must immediately stop implementing or continuing with the automated traffic penalties system until the application is fully heard.
According to Sheria Mtaani, the system imposes penalties instantly once a traffic violation is detected, without prior notice, warning, or human review.
The lobby group argues that the process violates constitutional guarantees on fair administrative action and undermines the presumption of innocence.
The petition further claims motorists are required to settle the fines within seven days or risk administrative sanctions, including being denied access to key NTSA services.
Sheria Mtaani also contends that the system bypasses the role of the Office of the Director of Public Prosecutions, since penalties are imposed without a court process.
Additionally, the group argues that the system disregards safeguards under the Traffic Act of Kenya, including requirements to issue notices and allow alleged offenders the opportunity to defend themselves.
The petition also raises concerns that vehicle owners are automatically treated as offenders even if they were not the drivers at the time of the alleged violation.
Further questions have been raised about the reliance on automated algorithms without human oversight, with the petitioners arguing that the process may breach the Data Protection Act, 2019, which requires transparency and provides individuals the right to human review in automated decision-making.
The petitioners also questioned the collection of fines through a commercial bank account linked to KCB instead of official government accounts, raising concerns over transparency and accountability in the handling of public revenue.
Justice Mwamuye directed the petitioner to serve the court documents and orders on all parties immediately and file proof of service by March 13, 2026.
The respondents and the interested party have until March 20, 2026 to file their responses. The petitioner may then submit a rejoinder by March 27 if necessary.
The case will be mentioned on April 9, 2026 to confirm compliance and provide further directions on the hearing of both the application and the main petition.
