The National Transport and Safety Authority (NTSA) has launched an extensive review of traffic regulations, including minor offences and speed limits, following a High Court decision that temporarily halted the implementation of the controversial instant fines system.
The court’s conservatory orders came after a petition filed by Shadrack Wambui and Sheria Mtaani challenged the legality of the automated penalty framework, raising concerns over fairness, transparency, and potential abuse.
The ruling has forced the government to reassess how traffic laws are enforced across the country.
Appearing before Parliament, Transport Cabinet Secretary Davis Chirchir confirmed that the review will restructure traffic offences into two categories; major and minor infractions, in a bid to align enforcement with legal and constitutional standards.
Under the proposed system, motorists who commit serious violations will be required to face prosecution in court, while those guilty of minor offences will still be allowed to pay on-the-spot fines and proceed with their journeys.
“The instant fines system is meant to decongest our courts and offer convenience,” Chirchir stated, even as he acknowledged the need to refine its implementation following public backlash and legal scrutiny.
The review also comes against the backdrop of a regulatory gap, with the CS admitting that the country has been operating without updated speed limits since the 2016 regulations lapsed.
“The 2016 speed limits expired, and NTSA is currently undertaking engagements with stakeholders and standards bodies. They are reviewing the speed limits and will issue an update,” he told lawmakers.
To ensure a comprehensive overhaul, NTSA is working closely with key institutions, including the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA), the Judiciary, the Kenya National Bureau of Statistics, and the Kenya Law Reform Commission.
Officials say the ongoing consultations will address broader concerns around the fairness and enforceability of penalties, which currently range between Ksh500 and Ksh10,000 depending on the offence.
The suspended system had targeted common violations such as speeding, lane indiscipline, driving on pavements, and failure to wear seatbelts.
Meanwhile, NTSA has indicated it may seek interim court orders to allow continued enforcement of the fines pending the final determination of the case. If granted, this would temporarily restore the system while legal proceedings continue.
The review signals a critical turning point in Kenya’s road safety strategy, as authorities attempt to strike a balance between efficiency in enforcement, judicial oversight, and public confidence.
For now, traffic enforcement reverts to traditional court processes as stakeholders await the court’s final ruling.
