Gerald Kyalo. (geraldbway).
Motorists in Kenya have been granted a reprieve after the High Court issued orders barring the enforcement of instant automated traffic fines. The conservatory orders, issued by Justice Bahati Mwamuye, restrain the National Transport and Safety Authority (NTSA) and the Office of the Attorney General from issuing, generating, demanding, or enforcing automated traffic penalties produced through algorithmic or other automated decision-making systems.
The orders were issued in a constitutional petition filed by Sheria Mtaani, a non-governmental organization, through its lawyers, Danstan Omari and Shadrack Wambui. The petition challenges the legality of the instant fines traffic management system rolled out by NTSA, arguing that it imposes penalties immediately upon detection of an alleged traffic infraction without prior notice, warning, or human review.
Justice Mwamuye directed that KCB Bank Kenya be enjoined in the proceedings as an interested party, citing concerns over the handling of public revenue. The court also barred the respondents and the interested party from implementing or continuing to implement the impugned automated traffic penalties system pending the inter-partes hearing of the application.
The petitioner argues that the automated instant fines system is unconstitutional, as it denies motorists the right to a fair hearing and the opportunity to contest alleged traffic infractions. The system, which was introduced by NTSA, uses cameras and sensors to detect traffic offenses, and fines are automatically generated and sent to motorists via SMS.
The court has directed the petitioner to serve the respondents and the interested party with the petition, application, and court orders, and file an affidavit of service by March 13, 2026. The respondents and the interested party have until March 20, 2026, to enter an appearance and file their responses. The petitioner will have leave to file a rejoinder by March 27, 2026, if necessary.
The matter will be mentioned on April 9, 2026, to confirm compliance and give further directions on the expedited hearing and determination of both the application and the main petition. The court's decision has been welcomed by motorists, who have been complaining about the harsh nature of the automated fines system.
"This is a victory for motorists," said Danstan Omari, one of the lawyers representing Sheria Mtaani. "The automated fines system was unfair and unconstitutional. We are glad that the court has seen sense and stopped its enforcement."
The NTSA has been ordered to halt the implementation of the automated traffic fines system pending the outcome of the petition. The court's decision is expected to have far-reaching implications for the country's traffic management system and the rights of motorists.
The orders were issued in a constitutional petition filed by Sheria Mtaani, a non-governmental organization, through its lawyers, Danstan Omari and Shadrack Wambui. The petition challenges the legality of the instant fines traffic management system rolled out by NTSA, arguing that it imposes penalties immediately upon detection of an alleged traffic infraction without prior notice, warning, or human review.
Justice Mwamuye directed that KCB Bank Kenya be enjoined in the proceedings as an interested party, citing concerns over the handling of public revenue. The court also barred the respondents and the interested party from implementing or continuing to implement the impugned automated traffic penalties system pending the inter-partes hearing of the application.
The petitioner argues that the automated instant fines system is unconstitutional, as it denies motorists the right to a fair hearing and the opportunity to contest alleged traffic infractions. The system, which was introduced by NTSA, uses cameras and sensors to detect traffic offenses, and fines are automatically generated and sent to motorists via SMS.
The court has directed the petitioner to serve the respondents and the interested party with the petition, application, and court orders, and file an affidavit of service by March 13, 2026. The respondents and the interested party have until March 20, 2026, to enter an appearance and file their responses. The petitioner will have leave to file a rejoinder by March 27, 2026, if necessary.
The matter will be mentioned on April 9, 2026, to confirm compliance and give further directions on the expedited hearing and determination of both the application and the main petition. The court's decision has been welcomed by motorists, who have been complaining about the harsh nature of the automated fines system.
"This is a victory for motorists," said Danstan Omari, one of the lawyers representing Sheria Mtaani. "The automated fines system was unfair and unconstitutional. We are glad that the court has seen sense and stopped its enforcement."
The NTSA has been ordered to halt the implementation of the automated traffic fines system pending the outcome of the petition. The court's decision is expected to have far-reaching implications for the country's traffic management system and the rights of motorists.
