Court deals NTSA blow, suspends private vehicle inspection rules

The High Court has suspended the implementation and enforcement of mandatory annual inspections for privately owned, non-commercial vehicles, dealing a setback to the National Transport and Safety Authority’s (NTSA) new vehicle inspection regime.

Justice Francis Nyungu Kyambia issued the conservatory orders today July 1, 2026 after certifying as urgent a petition filed by Wilberforce Akello challenging the legality and constitutionality of the Traffic (Motor Vehicle Inspection) Rules, 2026.

The judge suspended the operation and enforcement of Rule 3(1), Rule 12(2), Rule 16(4), Rule 30(1)(d) and the First Schedule of Legal Notice No. 13 of 2026, insofar as they apply to private non-commercial vehicles.

The court also suspended an NTSA notice published on June 26, 2026, which required annual inspection of private vehicles beginning July 1.

“That a conservatory order be and is hereby issued suspending the operation and enforcement of Rules 3(1), Rule 12(2), Rule 16(4), Rule 30(1)(d) and the First Schedule of the Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026) in so far and to the extent that it applies to private non-commercial vehicles,” Justice Kyambia ruled.

The conservatory orders will remain in force pending an inter partes hearing scheduled for July 22, 2026.

The petition argues that the inspection framework would immediately subject millions of private motorists to mandatory compliance requirements, financial costs and possible criminal sanctions.

According to court documents, Rule 3(1) introduced compulsory annual inspections for privately owned vehicles more than four years old from the date of manufacture.

Given that Kenya’s vehicle market is dominated by imported second-hand vehicles, the petitioner argues that the regulations would affect the vast majority of private motorists.

Akello also questioned the financial framework underpinning the inspection regime.

The petition states that the First Schedule introduced a mandatory booking fee payable to NTSA in addition to inspection fees charged by inspection centres, while licensing fees for private inspection centres range between Sh300,000 and Sh1 million depending on county cluster.

The petitioner contends that despite the government expecting to collect billions of shillings annually from the exercise, it has not disclosed the legal framework governing the collection, custody and use of the funds.

The petition cites violations of Articles 201, 206 and 210 of the constitution relating to transparency, accountability and the management of public finances.

The case also challenges criminal penalties introduced under Rule 30(1), which provides that motorists who fail to comply with the inspection requirements face a fine of up to Sh20,000, imprisonment for up to six months, or both.

Additionally, the petitioner argues that the regulations amount to indirect discrimination by disproportionately burdening owners of older vehicles, many of whom belong to lower and middle-income households.

Court documents further question NTSA’s public communication indicating that inspections for private vehicles would not be immediately enforced despite the rules remaining legally in force.

The High Court orders came just a day after NTSA announced it was postponing the mandatory enforcement of annual inspections for private vehicles.

NTSA Director General Nashon Kondiwa said the authority would only make inspections compulsory after establishing adequate inspection infrastructure across the country.

“Inspections begin almost immediately from July 1. If you want to bring your vehicle for inspection, you can bring it to NTSA inspection centres,” Kondiwa said.

“The mandatory requirement is what we will postpone until we have enough inspection centres. We intend to have 47 inspection centres by December this year,” he added.

While the court orders specifically relate to privately owned non-commercial vehicles, the petition has intensified the legal battle over the new inspection framework, which has attracted at least four separate constitutional petitions challenging various aspects of the road safety regulations.

The petitioner has been directed to serve the petition, application and court order on all respondents within seven days, while NTSA and the Cabinet Secretary for Roads and Transport have 14 days from the date of service to file their responses before the matter is heard on July 22, 2026.