In a major legal victory for Kenyan motorists, the High Court has officially suspended the National Transport and Safety Authority’s (NTSA) newly launched digital enforcement regime.
Presiding over the case at the Milimani High Court, Justice Bahati Mwamuye issued an interim conservatory order restraining the NTSA, the State Law Office, and their agents from issuing, generating, or enforcing any traffic penalties produced through automated or algorithmic decision-making systems.
The NTSA recently operationalized a fully automated system designed to capture traffic violations, such as speeding or illegal lane changes, via surveillance cameras. Under this regime, notifications were sent instantly to motorists via SMS, requiring payment through KCB Bank within seven days. Failure to pay would result in interest charges and being blocked from NTSA services.
However, the rollout was met with fierce resistance from legal advocates. The petition, led by Sheria Mtaani and Shadrack Wambui, raised several critical points:
- Bypassing the Judiciary: Critics argue that because traffic offenses are criminal matters, only courts have the authority to determine guilt and impose fines. The automated system was seen as an “executive overreach” that acted as judge, jury, and executioner.
- Lack of Due Process: The system created a presumption of guilt, denying motorists the constitutional right to be heard, offer a defense, or present mitigation before being punished.
- Data Privacy: Petitioners raised alarms regarding the Data Protection Act of 2019, arguing that the intensive road surveillance used to feed the algorithm lacked sufficient legal safeguards for personal data.
- Public Participation: The move was criticized for a lack of meaningful public consultation before being forced upon Kenyan road users.
Key rulings from the bench
- Immediate Suspension: The court has effectively “unplugged” the Instant Fines Traffic Management System. No further fines can be generated or enforced through this automated framework until the case is fully resolved.
- Joinder of KCB Bank: Recognizing their role as the primary collection point for these fines, the court joined KCB Bank Kenya as an Interested Party.
- Judiciary vs. Private Banking: A major point of contention being addressed is the directive to pay fines into a commercial bank account rather than official Judiciary accounts, which petitioners claim undermines transparency in the management of public funds.
What happens next?
Motorists are currently protected from automated SMS fines while the legal process plays out. Justice Mwamuye has signaled the urgency of the matter, directing that the case be fast-tracked for a determination within 90 days.
The matter is set for a mention on April 9, 2026, to confirm compliance with the service of documents and to set a final hearing date.