Court Rejects Attempt to Suspend NTSA’s Instant Traffic Fines

The High Court in Nairobi has declined to issue a temporary injunction stopping the implementation of the instant fines system by the National Transport and Safety Authority (NTSA), after receiving a petition against its legality.

The court declined to stop the instant fines system by NTSA despite receiving a petition from a concerned motorist, which sought to stop it temporarily until the case is heard in court.

The motorist argued that it was infringing on the rights of motorists by violating their constitutional rights, as it did not undergo any judicial process to be implemented.

Instead of stopping it temporarily, the court directed that the petition be served to the concerned parties.

NTSA was to be the first respondent, while the Office of the Attorney General was to be the second respondent.

Both parties are to appear in court on April 9, 2026, for mention to confirm compliance.

Concerns Over Constitutional Rights and Judicial Authority

In the petition submitted on March 10, the motorist contended that the instant fines mechanism undermines the constitutional safeguards that protect citizens from arbitrary punishment.

The system, he said, permits fines to be automatically levied through an online platform and allows interest to accrue on unpaid penalties without a statutory basis.

Also Read: Motorists Raise 7 Questions Over NTSA’s New Instant Fines System

“The system is a veiled attempt at limiting the right to a fair trial under Article 50 of the Constitution of Kenya, 2010,” the petitioner stated, emphasizing that drivers could be penalized without being presented in court or given an opportunity to contest the charges.

He further highlighted that the framework contravenes Article 47 on fair administrative action and Article 159, which defines the judicial authority of Kenyan courts.

“This, by divesting, among others, the right of alleged accused persons under the Traffic Act, to be presented to court, take plea, challenge and adduce evidence,” the petition added.

Shift of Judicial Powers to an Executive Agency

The petitioner argued that this system effectively shifts judicial powers from the judicial branch to NTSA, which is in the executive branch.

Also Read: Kenyan Motorists to Receive Instant Traffic Fines as NTSA Activates New System

“The system is a veiled attempt at limiting the right to a fair trial by removing the ability of accused persons to appear in court, take a plea, challenge evidence, and present their defence,” reiterated this legal document.

In this case, where the petitioner sought urgent relief by making a request for a conservatory order suspending this fines system pending a hearing in full, the court emphasized that proper procedures must be followed for this suspension to be made, effectively keeping this system active for now.

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