NTSA Pulls the Plug on Instant Fines, Says Court Case Now ‘Pointless’

The National Transport and Safety Authority (NTSA) is asking the High Court to declare that continuing with the case challenging its Instant Fines Management System would amount to an academic exercise and an unnecessary use of judicial time.

In a replying affidavit, NTSA stated that the petition had been overtaken by events following its formal withdrawal.

NTSA Director General Odhiambo Kondiwa told the court that the authority officially withdrew the planned rollout of the Instant Fines Management System on March 27, 2026.

“The decision being challenged no longer exists and no enforcement action is currently being undertaken under the instant fines framework,” Kondiwa explained.

Petitioners’ Concerns

The petition was filed by Sheria Mtaani alongside lawyer Shadrack Wambui, who had challenged the legality and implementation of the system.

Last week, the petitioners argued that the instant fines system was unconstitutional, claiming it risked violating due process and fair hearing rights by allowing motorists to be fined instantly without adequate legal safeguards.

Also Read:Kenya Met Issues Flood Alert as Heavy Rains Are Set to Persist in April

Lawyer Danstan Omari, representing the petitioner, stated that “the proposed instant fines regime risked bypassing the courts by allowing penalties to be imposed administratively, raising concerns over potential abuse and the erosion of motorists’ constitutional rights.”

Reasons for Withdrawal

Kondiwa explained that the withdrawal was prompted by the need to clarify procedural and operational aspects, including how minor traffic offences would be handled. It also allows for public sensitisation and alignment with the law.

“There is presently no operational Instant Fines Management System,” he emphasized.

Mootness Argument

NTSA, through its lawyers, invoked the doctrine of mootness, arguing that courts do not determine disputes where there is no longer a live controversy.

Also Read:Larry Madowo Faces Backlash After Praising Luxembourg’s Free Public Transport

The authority contends that the issues raised in the petition no longer require judicial determination as they have been overtaken by events.

Commitment to Lawful Enforcement

Even so, NTSA maintained that it remains committed to implementing lawful, transparent, and procedurally sound mechanisms to enhance road safety and enforce traffic laws in line with the Constitution.

Follow our WhatsApp channel for instant news updates

Cameras installed by NTSA along major Highway
PHOTO/NTSA