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The National Transport and Safety Authority (NTSA) has been restrained from implementing its controversial instant fines system following a court ruling.
In a directive, Justice Mwamuye issued a conservatory order restraining the NTSA, its officials, and related parties from issuing, generating, demanding, or enforcing instant or automated traffic penalties produced through algorithmic or automated decision-making systems.
The order also bars the authority from further implementing the current Instant Fines Traffic Management System.
“A conservatory order be and is hereby issued restraining the Respondents and the Interested Party, both jointly and severally, and whether by themselves, their officers, agents, related entities, or any person acting under their authority or together with them in a multi-agency framework, from issuing, generating, demanding or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems and/or implementing or further implementing the impugned Instant Fines Traffic Management System,” Justice Mwamuye directed.
Court Blocks Implementation of Instant Fines by NTSA
The case was filed by the lobby group Sheria Mtaani, together with petitioner Shadrack Wambui, against the State Law Office and the National Transport and Safety Authority, among others.
In the court orders, the judge also directed that KCB Bank Kenya be joined as an interested party.
The petitioners have been directed to serve the respondents and the interested party with the application, petition, and the court order by the close of business on March 13, 2026.
Also Read: Court Rejects Attempt to Suspend NTSA’s Instant Traffic Fines
The respondents and the interested party have until March 20, 2026 to file and serve their responses to both the application and the petition, while the petitioner may file a rejoinder by March 27, 2026 if necessary.
The matter will be mentioned on April 9, 2026 at the Milimani High Court to confirm compliance and give further directions on the expedited hearing and determination of the application and the petition.
The court further indicated that parties may propose timelines for the case to be heard and determined within 90 days where possible.
Recently Rolled Out Instant Fines Causes Uproar
The recent rollout of the National Transport and Safety Authority’s (NTSA) Instant Fines Traffic Management System, which involves automated traffic fines via cameras and SMS notifications, has sparked criticism and debate in the country.
Also Read: Motorists Raise 7 Questions Over NTSA’s New Instant Fines System
Many argue the system punishes drivers automatically via SMS fines without a chance to contest in court, potentially violating constitutional rights. Critics say it lets NTSA act as investigator, judge, and enforcer.
Motorists and groups like the Motorists Association of Kenya (MAK) complain fines are too steep, especially amid economic hardships, and could oppress road users or ruin businesses.
Questions have also been raised about appealing fines, the accuracy of cameras/speed signs on roads, public consultation before launch, and where fine money goes.
However, NTSA argues that the system introduced aims to reduce road accidents, corruption and indiscipline on the roads.
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Photo of NTA Headquarters in Likoni, Mombasa Road. PHOTO/Standard
