Motorists across Kenya received temporary relief after the High Court stopped the enforcement of instant traffic fines introduced by the National Transport and Safety Authority (NTSA).
In orders issued by the court, NTSA and the Office of the Attorney General were barred from issuing, demanding, or enforcing automated traffic penalties generated through digital systems. The decision temporarily halts the newly introduced instant fines system that had begun operating on Kenyan roads.
The ruling was made by Justice Bahati Mwamuye following a constitutional petition challenging the legality of the system. The court issued conservatory orders stopping the enforcement of the penalties until the case is heard and determined.
The petition was filed by lawyer Shadrack Wambui through the civic group Sheria Mtaani. The petitioners argue that the automated system could violate motorists’ constitutional rights and bypass the legal process required when dealing with traffic offences.
According to the court order, authorities and any other involved parties are now prohibited from implementing the automated fines system until the matter is fully heard.
“A conservatory order is hereby issued restraining the respondents from issuing or enforcing instant automated traffic fines,” Justice Mwamuye ruled.
The NTSA had recently introduced the Instant Fines Traffic Management System as part of efforts to improve road discipline and reduce corruption in traffic enforcement. The system relies on surveillance cameras installed along major highways and busy roads to detect traffic violations such as speeding and lane indiscipline.
Once a violation is detected, the system automatically identifies the vehicle through its registration details and sends a notification to the motorist via a mobile phone message requiring payment of a fine.
Authorities had argued that the technology would help eliminate corruption associated with physical traffic stops and ensure road rules are enforced fairly.
However, critics say the system raises serious legal concerns. Lawyers challenging the policy argue that traffic offences are criminal matters that should be handled in court rather than through automated penalties issued by machines.
Lawyer Dastan Omari, one of the legal representatives involved in the case, said the system could undermine the right to a fair hearing.
“You cannot punish a citizen through a digital message without giving them the opportunity to appear before a court of law,” he argued.
The petition also claims the automated system imposes penalties immediately after detecting a traffic violation without giving motorists prior notice or a chance to challenge the accusation.
Under the proposed system, drivers who receive the digital fines would be required to pay within a specified period. Failure to pay could lead to penalties such as interest charges or restrictions on accessing NTSA services.
The High Court’s intervention has now placed the entire program on hold as the legal challenge proceeds. This means NTSA will not be able to issue instant fines until the case is fully heard and determined.
The case is expected to attract significant attention because it touches on the balance between technology-driven enforcement and constitutional rights.
For now, the court’s decision has created uncertainty about the future of the automated fines system that the government hoped would transform traffic enforcement and improve road safety across the country.
– By Mark Simitia
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