A petition has been filed at the High Court seeking to stop the implementation of the National Transport and Safety Authority’s (NTSA) new vehicle inspection regulations, just days before the nationwide exercise is scheduled to begin.
Constitutional lawyer Charles Mugane moved to court on Monday, arguing that the new rules were introduced without public participation and are therefore unconstitutional.
In the petition, Mugane is also challenging the KSh2,000 inspection fee and the KSh20,000 penalty imposed on motorists who fail to comply with the new requirements.
He argues that NTSA did not adequately consult the public or key stakeholders in the transport sector before rolling out the regulations, contrary to the Constitution and the principles of fair administrative action.
The lawyer further claims that the inspection charges amount to unlawful levies because they lack the necessary legal backing.
Mugane is now asking the High Court to suspend the implementation of the regulations until the case is heard and determined.
The petition comes barely two days before NTSA’s nationwide vehicle inspection programme is expected to begin on July 1.
The legal challenge also comes as opposition leaders prepare to file a separate case against the regulations.
Eugene Wamalwa has opposed the mandatory annual inspection requirement, stating that it will further burden Kenyans who are already suffering from inflation and high cost of living.
According to the regulations that were recently introduced, cars which are above four years old were supposed to be subject to annual inspections. Additionally, individuals were supposed to pay KSh2,000 for the annual inspection and those who did not comply faced penalties of up to KSh20,000.
However, following opposition, NTSA changed its stance, stating that private car owners will not be penalized if they do not meet the requirement of the annual inspection.
In a statement issued on Sunday, the authority also said operators of school transport vehicles and commercial service vehicles would not face penalties for failing to meet some of the newly introduced requirements until further notice.
“We assure the public that during route checks, traffic officers shall not enforce the mandatory inspection requirement on private motor vehicle owners,” NTSA said.
The court is now expected to determine whether the regulations can proceed as planned while the constitutional challenge is pending.