NTSA faces contempt suit over instant speeding fines

The Road Safety Association of Kenya (RSAK) has urged motorists not to pay the National Transport and Safety Authority’s (NTSA) instant speeding fines, arguing that the penalties are being enforced in defiance of a High Court order suspending the system.

The association’s chairman, David Kiarie, said the fines being issued through NTSA’s automated speed camera system are illegal because the authority was barred from implementing the instant fines programme by the High Court on May 29, 2026.

Kiarie announced that the association will move to court to institute contempt proceedings against NTSA, seek the removal of speed cameras installed on major highways and demand refunds for motorists who have already paid the penalties.

“We will be filing contempt of court proceedings against NTSA because these fines are being imposed contrary to an existing court order. We shall also seek orders for the removal of the speed cameras and a refund of all monies paid,” he said.

He appealed to motorists who have received speeding tickets or already settled the fines since June 1 to submit details of their payments to the association for use as evidence in court.

“If there is anyone who received a ticket to pay the fine from June 1 this year, or even those who have already paid, we are asking them to forward the details to us so that we can use it as evidence in court,” Kiarie said.

Under the new enforcement regime introduced by NTSA, motorists cited for speeding are required to pay the penalties physically at Kenya Commercial Bank (KCB) branches or authorised agents within seven days.

The fines vary depending on the extent of the offence, with motorists exceeding the speed limit by between six and 10 kilometres per hour paying Sh3,000, while those exceeding the limit by between 16 and 20 kilometres per hour face fines of up to Sh10,000.

More serious violations attract even higher penalties.

The dispute stems from conservatory orders issued by Kerugoya High Court Judge Dennis Kizito Magare on May 29, suspending the implementation of NTSA’s automated instant fines system pending the hearing of a petition filed by the Road Safety Association of Kenya.

The orders also halted the implementation of the public-private partnership between NTSA and Pesa Print Limited Consortium covering the design, supply, delivery, installation and maintenance of smart driving licences and associated automated enforcement services.

Justice Magare directed NTSA to file its submissions within 10 days ahead of an inter partes hearing, whose date is yet to be fixed.

In the case, the Road Safety Association is the first petitioner, NTSA is the respondent, while Pesa Print Limited is listed as an interested party.

Kiarie and the association’s Secretary General, John Mutisya, also faulted the placement of speed cameras on major highways, arguing that they have become revenue collection tools rather than instruments for improving road safety.

They singled out roads including the Thika Superhighway, Nairobi Expressway and the Southern Bypass, claiming motorists are forced to brake abruptly after encountering sudden reductions in speed limits.

“For instance every motorist knows that the maximum speed on Thika Highway is 110 kilometres per hour, then you find you have to suddenly reduce that to 50. This will most likely cause accidents,” Kiarie observed.

Mutisya maintained that while the association supports technology to improve road safety, enforcement must be fair and predictable.

“The speed limit should target areas where there are schools or churches nearby and there should be clearly marked road signs alerting motorists. It is wrong to use cameras as traps to punish Kenyans,” he said.

Kiarie said the association had initially backed the introduction of instant traffic fines because they were presented as a road safety intervention aimed at reducing road crashes.

“However, we later realized that this was a business venture by some individuals out to make money using public institutions and assets,” he claimed.

The High Court orders were issued just three days before NTSA rolled out the instant fines system on June 1, setting the stage for the legal battle over the enforcement of the automated traffic penalties.