A Nairobi advocate Charles Mugane has moved to the High Court to challenge the controversial traffic rules issued by the National Transport and Safety Authority (NTSA).
The Motor Vehicle Inspection rules that require mandatory annual inspections for government vehicles and privately owned vehicles older than four years from the date of manufacture are scheduled for implementation from July 1.
Lawyer Mugane argues that the Traffic (Motor Vehicle Inspection) Rules were introduced without adequate public participation and would significantly affect motorists as they will face unlawfully imposed costs and penalties.
“The respondents failed to conduct adequate public participation before gazetting Legal Notice No. 13 of 2026, thereby violating the constitutional principles of transparency, accountability and involvement,” the petition states.
In his petition, he is asking the court to stop the gazette notice and suspend NTSA from going ahead with the proposed regulations. He argues that the regulations impose punitive sanctions such as fines and imprisonment of up to six months for certain offences, exposing motorists to arbitrary enforcement.
“Unless this honourable court intervenes, the implementation of the impugned regulation will occasion irreparable harm to millions of motorists and render this petition nugatory,” Mugane says in the petition.
His petition further challenges the inspection charge stating that the motor vehicle inspection fees are allegedly exorbitant and unclear as to the criteria used in their determination.
Mugane also argues that the traffic rules violate the constitutional principle of public participation, arguing that no known method was exercised when NTSA proposed the new rules.
The petition targets both the NTSA and the Attorney General. He has identified the Law Society of Kenya, Katiba Institute, and the Kenya Human Rights Commission as interested parties in the case.
Mugane wants the High Court to declare the NTSA notice unconstitutional. The matter is expected to be heard before the new inspection rules scheduled for July 1 are implemented.
– Daisy Achieng
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