NAIROBI, Kenya — A petition has been filed in the High Court of Kenya seeking to stop the implementation of a new automated traffic enforcement system introduced by the National Transport and Safety Authority (NTSA).
The case, filed by petitioner Kennedy Maingi Mutwiri, challenges the legality of the Instant Traffic Fines Management System, arguing that it violates constitutional rights and unlawfully bypasses the judicial process.
NTSA announced on March 9 that the system would become operational, using cameras installed along major roads to detect traffic violations automatically.
Motorists caught committing offences are issued fines through SMS notifications, and penalties are processed through accounts linked to NTSA’s online portal.
Claims of a lack of legal foundation
In the petition, Mutwiri argues that the system lacks a proper legal framework and undermines the criminal justice process.
He contends that traffic offences under the Traffic Act are criminal in nature and must be prosecuted before a court of law.
According to the petitioner, the automated system presumes liability immediately after a fine notification is issued and requires motorists to pay within seven days, discouraging them from exercising their right to challenge the charges.
Constitutional violations cited
The petition alleges several constitutional breaches, including violation of the doctrine of separation of powers.
Mutwiri argues that by determining liability and imposing penalties, the system effectively assumes judicial powers reserved for courts under Article 159 of the Constitution of Kenya 2010.
He further claims the system undermines the right to a fair trial under Article 50, as it presumes guilt and denies alleged offenders a public hearing or an opportunity to challenge evidence.
The petitioner also cites Article 47, which guarantees the right to fair administrative action.
According to the filing, the automated process imposes penalties without prior notice, a chance to be heard, or access to a clear review mechanism.
Concerns over sentencing and fairness
The petition also argues that the system removes judicial discretion in sentencing by imposing fixed penalties regardless of circumstances.
Mutwiri says this could lead to disproportionate fines because courts would no longer consider mitigating factors or the individual circumstances of each case.
Orders sought
Invoking the jurisdiction of the High Court under Article 165 of the Constitution, the petitioner is seeking several legal remedies.
These include a declaration that the Instant Traffic Fines Management System is unconstitutional, null, and void for violating Articles 47, 50, and 159.
The petition also seeks an order of certiorari to quash NTSA’s public notice introducing the system and an order of prohibition restraining its implementation or enforcement.
Additionally, the petitioner is asking the court to declare that the determination of guilt or innocence in traffic offences can only be made by courts.
