Court suspends NTSA’s instant fines system after urgent petition

The High Court of Kenya sitting at the Milimani Law Courts in Nairobi has temporarily suspended the implementation of the automated instant traffic fines system introduced by the National Transport and Safety Authority (NTSA).

The decision follows an urgent constitutional petition filed by civic organization Sheria Mtaani challenging the legality of the system.

In conservatory orders issued on Thursday, March 12,Justice Bahati Mwamuye barred NTSA and other agencies from issuing or enforcing traffic penalties generated through automated or algorithmic systems until the case is heard and determined.

The order also restrains authorities from implementing the disputed Instant Fines Traffic Management System during the interim period.

The court directed the respondents, including government agencies involved in the implementation of the system, to file their responses by March 20, 2026, as the matter set for mention on April 9, 2026 for directions and to confirm compliance with the court’s orders.

The orders also added KCB Bank Kenya as an interested party in the proceedings, as the bank was reportedly involved in facilitating payments under the automated fines system.

The case arises from concerns raised by petitioners that the new automated traffic enforcement system could violate constitutional rights by issuing penalties without allowing motorists an opportunity to challenge accusations in court.

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The critics argue that traffic offences are criminal matters that should be determined through judicial processes rather than automated administrative decisions.

The NTSA system, launched earlier in March 2026, relies on traffic cameras and digital monitoring technology installed along major roads to detect offences such as speeding and illegal parking.

Once a violation is detected, motorists receive a notification via SMS requiring payment of a fine within seven days.

The high court’s temporary suspension means the automated fines cannot be issued or enforced until the court determines the constitutional issues raised in the petition.

The outcome of the case could significantly affect Kenya’s efforts to modernize traffic enforcement through technology.

Legal analysts say the case could set an important precedent on how digital enforcement systems interact with constitutional rights and due process in Kenya.

By Philip Koech