Summary
- The High Court has issued orders stopping National Transport and Safety Authority from enforcing instant traffic fines.
- The decision followed a petition filed by lawyer Shadrack Wambui challenging the directive.
- The court barred automated or algorithm-based fines pending the hearing of the case.
NAIROBI, Kenya- The High Court of Kenya has issued orders barring the National Transport and Safety Authority (NTSA) from implementing the recently introduced instant traffic fines system that had sparked mixed reactions among motorists.
In a ruling delivered on Thursday, Justice Bahati Mwamuye issued a conservatory order stopping the authority from enforcing the system pending the hearing and determination of a case filed by lawyer Shadrack Wambui.
“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” Justice Mwamuye directed.
The ruling effectively prevents NTSA and related parties from generating, issuing or enforcing instant traffic penalties through automated or algorithm-based systems under the Instant Traffic Management System.
Bank Enjoined in the Case
Amid concerns raised over the selection of a single bank to receive the fines, the court also moved to enjoin the financial institution as an interested party in the proceedings.
Justice Mwamuye directed the petitioner, who moved to court alongside lobby group Sheria Mtaani, to immediately serve the respondents with the petition and court orders.
The respondents in the case include the State Law Office and NTSA.
The petitioner was further ordered to file an affidavit confirming service by the close of business on Friday, March 13.
The matter will be mentioned again on April 9 to confirm compliance and provide directions on the hearing and determination of the petition.
Controversy Over Instant Traffic Fines
The now-suspended system had been introduced under the Traffic (Minor Offences) Rules 2016.
Under the directive, motorists committing minor traffic offences would be required to pay fines instantly instead of going through court processes.
According to NTSA, the system was meant to decongest courts, improve enforcement efficiency and promote responsible road use across the country.
Several offences were assigned fixed fines under the new system.
For instance, driving without identification plates, operating without a valid inspection certificate, causing road obstruction, or employing an unlicensed public service vehicle driver attracted a fine of Sh10,000.
Other violations—including driving a PSV while unqualified, driving on pavements or footpaths, failing to stop when directed by a police officer, or operating as an unlicensed PSV driver or conductor—carried fines of Sh5,000.
Meanwhile, offences such as driving without a valid licence endorsement, ignoring traffic signs, disobeying police instructions, or failing to display reflective triangles during emergencies attracted fines of Sh3,000.
The High Court orders now pause the implementation of the instant fines system until the constitutional issues raised in the petition are fully determined.
