The National Transport and Safety Authority (NTSA) has received the green light to implement sweeping new traffic regulations following a landmark High Court ruling. The decision marks a significant shift in Kenya’s transport policy, mandating for the first time that private vehicle owners submit their cars for regular inspections.
The ruling, delivered by Justice Maureen Odero, dismissed a petition that sought to block the Traffic (Registration and Licensing) Rules 2023 and the Traffic (Inspection) Rules 2023. The court’s decision paves the way for more oversight of the country’s aging vehicle fleet.
Under the new framework, the NTSA will now require all private vehicles older than four years to undergo a mandatory motor vehicle inspection. Once the initial inspection is cleared, owners will be required to renew their inspection certificates every two years.
Previously, mandatory inspections were primarily reserved for Public Service Vehicles (PSVs) and heavy commercial trucks. This expansion aims to tackle the rising number of accidents attributed to mechanical failure in privately owned cars.
The regulations also introduce more rigorous standards for commercial and public transport:
- Annual Inspections: PSVs, taxis, and commercial vehicles must continue to undergo inspections every year.
- School Safety: New “Traffic (School Transport) Rules” have been validated, mandating specific safety features for school buses and vans to protect students.
- Post-Accident Clearances: Any vehicle involved in a serious accident must now undergo a fresh inspection before it is legally allowed back on the road.
To manage the massive volume of vehicles, estimated in the millions, the NTSA is set to partner with the private sector. The authority will license private garages and inspection centers to conduct these checks on its behalf.
This move is intended to eliminate the notorious bottlenecks at government-run inspection centers and make compliance more accessible for motorists across the country.
The rollout had been delayed by a legal challenge from activists who argued that the NTSA had failed to conduct adequate public participation. However, Justice Odero ruled that the NTSA and the Ministry of Transport had fulfilled their constitutional obligations by holding stakeholder forums and inviting public memoranda before the rules were tabled in Parliament.
What motorists should expect
While the NTSA is expected to announce a formal commencement date for the nationwide exercise, motorists are advised to prepare for the following:
- Inspection Fees: Owners will be required to pay a fee (the exact amount varies by vehicle category/tonnage) via the eCitizen platform.
- Booking System: Inspections will likely be scheduled through the NTSA’s portal to manage flow.
- Compliance Enforcement: Traffic police and NTSA enforcement officers will have the power to impound vehicles that do not display a valid inspection sticker.