Uproar over new NTSA instant traffic fines system

The rollout of a new automated traffic fines system by the National Transport and Safety Authority (NTSA) has sparked widespread debate across Kenya, with motorists, lobby groups and legal experts raising concerns over transparency, fairness and the legality of the technology-driven enforcement framework.

The digital system, which recently went live, automatically detects traffic violations using surveillance cameras installed along major roads. Once an offence is captured, the system generates a notification that is sent to the motorist via SMS detailing the violation, location, time and the amount payable as a fine.

Motorists are required to settle the penalty within seven days. Failure to pay within this period attracts additional penalties and may also lead to restrictions on access to NTSA services such as licence renewal and vehicle registration.

Under the new framework, instant fines range from as little as Sh500 for minor offences to as much as Sh10,000 for serious traffic violations.

Among the penalties outlined by the regulator are:

• Sh10,000 for driving without number plates or with improperly fixed number plates.
• Sh10,000 for operating a vehicle without a valid inspection certificate.
• Sh5,000 for causing obstruction on a road or failing to stop when directed by a police officer.
• Sh5,000 for driving on pavements or pedestrian walkways.
• Sh3,000 for failing to obey traffic signs or police instructions.
• Sh3,000 for driving without the proper licence endorsement for a vehicle class.
• Sh1,000 for failing to carry a driving licence or failing to renew it on time.
• Sh500 for minor offences such as failure to wear a seat belt.

Speeding fines vary depending on how much a motorist exceeds the prescribed speed limit, with penalties ranging from warnings to Sh10,000 for exceeding the limit by between 16 and 20 kilometres per hour.

Authorities say the automated system is designed to enhance road safety, improve compliance with traffic laws and reduce the need for lengthy court processes for minor offences. It is also expected to eliminate direct interaction between motorists and enforcement officers, a move aimed at curbing corruption and human interference in traffic policing.

However, the rollout has triggered mixed reactions across the country.

The Motorists Association of Kenya (MAK) has demanded greater clarity on how the automated system will operate, warning that it could undermine due process if motorists are penalised without being given an opportunity to challenge the charges.

Some argue that traffic offences in Kenya are criminal matters under the law and should therefore be handled by courts rather than an automated administrative system.

The controversy has now moved to court after a Nairobi motorist filed a constitutional petition challenging the legality of the new system.

In the case filed at the Constitutional and Human Rights Division of the High Court of Kenya, petitioner Kennedy Maingi Mutwiri is seeking to halt the implementation of the Instant Traffic Fines Management System.

Mutwiri argues that the automated framework effectively declares motorists guilty of traffic offences without a judicial trial.

“The system violates the most basic tenets of natural justice by condemning suspected offenders of traffic laws unheard,” he states in court documents.

According to the petition, the fully automated platform detects violations and issues penalties without human intervention, a process Mutwiri says undermines constitutional safeguards governing criminal offences.

He contends that traffic violations under the Traffic Act must be adjudicated by courts and that allowing an automated system to impose penalties amounts to the executive arm of government performing judicial functions.

Mutwiri further argues that the framework presumes motorists guilty by compelling them to pay fines quickly to avoid additional penalties or restrictions on services.

“The system proceeds on the assumption that an alleged offender is guilty unless they prove otherwise,” he says.

The petitioner is seeking a court declaration that the system is unconstitutional, an order barring NTSA from implementing it, and the quashing of the public notice introducing the programme.

Unless the court intervenes, Mutwiri warns that motorists across Kenya risk being subjected to an unlawful administrative penalty regime that undermines the rule of law.