The High Court of Kenya has temporarily stopped the new instant traffic fines system introduced by the National Transport and Safety Authority (NTSA) following a legal challenge by a lawyer.
In a ruling issued on Thursday, Justice Bahati Mwamuye ordered NTSA not to implement or enforce the new system until a case filed in court is heard and determined.
The case was filed by lawyer Shadrack Wambui, who is challenging the directive that allowed traffic fines to be issued instantly through an automated system.
In the court order, Justice Mwamuye directed that NTSA and other involved parties must stop issuing or demanding traffic fines generated through the Instant Fines Traffic Management System.
“A conservatory order is hereby issued restraining the respondents and any other parties from issuing, demanding or enforcing instant or automated traffic fines generated through algorithm-based systems,” the judge said.
The order means that authorities cannot generate or enforce traffic penalties through the automated system until the case is fully heard in court.
The court also raised concerns about the selection of a single bank that was expected to receive payments from the fines. Because of this, the judge ordered that the bank be included in the case as an interested party.
At the same time, the court directed the petitioner and the lobby group Sheria Mtaani to serve the court documents and orders to the respondents, including the Office of the Attorney General of Kenya and NTSA.
They were instructed to do so immediately and file proof of service by the close of business on Friday, March 13.
The matter will be mentioned again on April 9 for the court to confirm whether all parties have complied and to give further directions on how the case will proceed.
NTSA had recently introduced the instant fines system under the Traffic (Minor Offences) Rules of 2016. The system required motorists who commit minor traffic offences to pay fines immediately instead of going through the court process.
According to the authority, the move was meant to reduce the number of traffic cases in court, improve enforcement of traffic rules and encourage safer driving.
Under the system, some offences attracted fines of up to KSh10,000. These included driving without number plates fixed properly, driving without a valid inspection certificate, causing obstruction on the road, or a PSV operator employing an unlicensed driver or conductor.
Other offences such as driving a PSV while unqualified, driving on pavements or footpaths, or failing to stop when ordered by a police officer carried a fine of KSh5,000.
Meanwhile, offences such as failing to obey traffic signs, ignoring directions from a police officer, driving without the correct licence endorsement or failing to display reflective triangles when required attracted a fine of KSh3,000.
For now, the system will remain suspended until the court hears and decides the case.