The High Court in Nairobi has declined to suspend the newly introduced instant traffic fines system rolled out by the National Transport and Safety Authority (NTSA), allowing the digital enforcement mechanism to remain operational as a legal challenge against it proceeds.
The decision followed a petition filed by a motorist, Kennedy Maingi Mutwiri, who moved to court seeking urgent orders to halt the implementation of the camera-based traffic fines system. Mutwiri argued that the programme violates constitutional safeguards and undermines the authority of the judiciary.
However, the court declined to issue a conservatory order stopping the system. Instead, it directed that the petition be served on the respondents, including the National Transport and Safety Authority and the Office of the Attorney General, with the matter scheduled for mention on April 9, 2026, for further directions.
The controversial system, launched by NTSA on March 9, uses surveillance cameras installed along major roads to detect traffic violations such as speeding. Once a violation is recorded, motorists automatically receive fine notifications through SMS, with penalties linked to their accounts on NTSA’s online portal.
In his petition, Mutwiri claims the automated system lacks a proper legal foundation and effectively bypasses the courts by imposing penalties without granting motorists an opportunity to defend themselves.
“The system is a veiled attempt at limiting the right to a fair trial under Article 50 of the Constitution of Kenya, 2010,” the petitioner argued in court documents.
He further contends that the system violates Article 47 on fair administrative action and Article 159, which outlines the judicial authority of courts, by transferring powers traditionally exercised by the judiciary to an executive agency.
According to the petition, traffic offences are criminal matters under the Traffic Act and should only be determined by courts of law where accused persons can take a plea, challenge evidence, and present their defence.
Despite the legal concerns raised, NTSA has defended the system, saying it is designed to restore discipline on Kenyan roads and reduce corruption linked to manual traffic enforcement.
NTSA Director General Nashon Kondiwa said the digital system eliminates direct interaction between motorists and enforcement officers.
“The instant fine management is not about collecting cash; it is about bringing sanity to our roads. Eliminating corruption is another key issue. By digitising the process, we remove human negotiation,” Kondiwa stated.
He added that speed cameras capture photographic evidence of violations, which motorists can use if they wish to challenge the fines.
“The era of impunity is over. NTSA is watching, the cameras are watching,” he said.
However, some motorists have raised concerns about unclear speed limit signage on certain roads and the potential misuse of the system.
The case is expected to attract national attention as the High Court deliberates on whether the automated enforcement model complies with Kenya’s constitutional and legal framework.
