NAIROBI, Kenya- Lawyer Donald Kipkorir has accused the National Transport and Safety Authority (NTSA) of continuing to send speed-camera fine notices despite court orders suspending aspects of its automated traffic enforcement system.
Kipkorir said the High Courts in Nairobi, Kiambu and Kerugoya had issued orders against the enforcement of speed-camera penalties.
He questioned why motorists were still receiving notifications and argued that automated systems should not impose penalties without due process.
“Any law that violates the Constitution is void ab initio and a nullity,” Kipkorir said, adding that people must be given a chance to be heard before a conviction, sentence or administrative action is made against them.
He described camera-based penalties without that process as a “gross violation of the Constitution.”
Court orders have covered different parts of the system
The legal challenges have produced orders addressing different parts of NTSA’s programme.
In March, the High Court in Nairobi issued interim orders barring the authority and other respondents from issuing or enforcing automated traffic penalties pending a hearing.
In May, the High Court in Kerugoya suspended implementation of the public-private partnership between NTSA and the Pesa Print consortium, including its automated fines and smart driving licence services.
That freeze was later extended while the consolidated cases proceeded.
A separate Kiambu court order required NTSA to keep detailed records of payments made under the instant-fines system.
NTSA has previously said that orders affecting the partnership did not stop enforcement under the Minor Traffic Offences Rules, reflecting the dispute over how the rulings apply to the system. NTSA’s Director of Road Safety Andrew Kiplagat said in October that the instant-fines programme was not operating because of legal challenges.
He said the authority hoped it could resume by November 26, subject to resolution of the court cases.
Kipkorir’s statement adds to questions over the legal status of camera-issued notices and whether motorists can be penalised before the courts determine the challenges.
The cases remain before the courts; Kipkorir’s position that the notices are unconstitutional has not, by itself, been established as a final judicial ruling.
