The High Court of Kenya has declined to stop the newly introduced instant traffic fines system by the National Transport and Safety Authority, at least for now.
The motorist had sought urgent orders from the court to stop the implementation of the instant traffic fines system by NTSA, citing that it may violate the rights of drivers. However, it seems the court did not favor the motorist.
Instead, the court directed that the petition be served to the respondents to enable them to respond accordingly. The case will be heard again on April 9, 2026.
The case was filed on Tuesday, with NTSA as the first respondent and the Office of the Attorney General of Kenya as the second respondent.
The petitioner argues that the instant fines system by NTSA violates some provisions of the Constitution.
According to the court documents, the motorist claimed the system allows authorities to punish drivers without giving them a chance to defend themselves in court.
He also argued that the system can impose fines through an automated platform and even add interest if the penalties are not paid, yet the legal basis for doing so is unclear.
The petition further stated that the system could affect a driver’s right to a fair trial as provided under the Constitution.
“The system is a veiled attempt at limiting the right to a fair trial under Article 50 of the Constitution,” the petitioner argued in court papers.
He added that drivers accused of traffic offences should still have the right to appear in court, take plea and present evidence in their defence.
The motorist also argued that the system could interfere with Article 47 of the Constitution, which deals with fair administrative action, as well as Article 159, which outlines the authority of courts.
According to the petition, the new framework appears to give powers normally held by the courts to NTSA, which is a government agency.
Through the case, the petitioner wanted the court to suspend the system until the matter is fully heard and decided.
For now, the instant fines system will continue to operate as the case proceeds in court.
