NAIROBI, Kenya Jun 30 – A fresh petition has been filed at the High Court challenging the government’s new mandatory motor vehicle inspection regulations for private vehicles, with the petitioner arguing that the rules are unconstitutional and were introduced without adequate public participation.
The case, filed before the Constitutional and Human Rights Division of the High Court by lobby group Sheria Mtaani through advocate Shadrack Wambui, seeks to suspend the implementation of several provisions contained in the Traffic (Motor Vehicle Inspection) Rules, 2026.
The regulations are scheduled to take effect on July 1, 2026.
In the petition and accompanying urgent application, Wambui argues that the new framework will subject millions of motorists to compulsory inspections, financial charges and possible criminal penalties without proper legal safeguards.
According to the court filings, the rules introduce a mandatory annual inspection requirement for all privately owned vehicles older than four years from the date of manufacture.
The petitioner notes that Kenya has more than six million registered vehicles, most of them imported second-hand units that would automatically fall under the new regulations.
Wambui argues that the inspection regime will impose additional financial strain on vehicle owners through compulsory booking charges payable to the National Transport and Safety Authority and inspection fees charged at designated testing centres.
He further claims that the government has not disclosed how the funds expected to be collected from the programme will be managed or accounted for.
The petition also accuses the respondents of failing to comply with the Statutory Instruments Act, 2013, by allegedly neglecting to conduct meaningful public participation or prepare a Regulatory Impact Statement before introducing the regulations.
According to the petitioner, the absence of consultation records and supporting documentation raises serious concerns about the legality of the entire regulatory framework.
The suit specifically challenges Rule 3(1), which requires mandatory inspection based solely on the age of a vehicle.
Wambui argues that the provision is irrational because it does not consider factors such as maintenance history, mileage, mechanical condition or actual vehicle use.
The petition also contests Rule 12(2), which allegedly grants inspectors powers to classify vehicles as unroadworthy and permanently de-register them without notice, compensation, appeal mechanisms or a fair hearing.
Another disputed provision is Rule 30(1)(d), which criminalises attempts to “circumvent” the inspection rules.
The petitioner argues that the wording is vague and fails to clearly define prohibited conduct, exposing motorists to arbitrary enforcement and prosecution.
Wambui further claims the regulations disproportionately affect lower and middle-income Kenyans, arguing that owners of older vehicles are more likely to belong to economically vulnerable groups.
The petition references a recent public notice issued by NTSA between June 26 and June 28 directing traffic police officers not to enforce the inspection requirement against private motorists pending further communication.
According to the petitioner, the notice amounts to an admission that the new regime is not ready for implementation.
The application warns that unless the court intervenes before the July 1 commencement date, millions of private vehicle owners could immediately face mandatory compliance obligations, fees and potential criminal sanctions.
The petitioner is now seeking conservatory orders suspending enforcement of the disputed provisions of the Traffic (Motor Vehicle Inspection) Rules, 2026, as they apply to private non-commercial vehicles, pending the hearing and determination of the constitutional case.
