NAIROBI, Kenya Mar 10 – The High Court of has declined to issue interim orders stopping the new automated traffic fines system introduced by the National Transport and Safety Authority (NTSA), directing instead that the petition challenging the system be served on all respondents.
The court scheduled the matter for mention on April 9, 2026, to confirm service and give further directions.
The petition was filed by Kennedy Maingi Mutwiri following NTSA’s announcement on March 9 that the Instant Traffic Fines Management System had become operational.
The Instant Traffic Fines Management System automatically issues fines to motorists detected violating traffic laws through cameras installed on major roads in Nairobi. Alleged offenders receive notifications via SMS, with the fines linked to accounts maintained through NTSA’s online portal.
In the petition, Mutwiri argues that the system lacks a proper legal foundation and bypasses key safeguards of justice. He contends that traffic offences under the Traffic Act, Cap 403, are criminal in nature and must be prosecuted through the courts, where the accused have the right to be heard and to challenge evidence.
According to the petitioner, the system presumes liability once a fine notification is issued and requires motorists to pay within seven days, which he argues effectively discourages them from exercising their constitutional right to contest the allegation before a court.
The petition outlines several alleged constitutional violations. Mutwiri argues that the automated fines system infringes on the doctrine of separation of powers under Article 159 of the Constitution by assuming judicial functions reserved for courts, including determining criminal liability and imposing penalties.
He further claims that the system undermines the right to a fair trial under Article 50, as it presumes guilt, denies offenders a public trial, limits their ability to challenge or present evidence, and removes judicial discretion in sentencing.
The petition also cites Article 47 on the right to fair administrative action, arguing that the automated process imposes penalties without prior notice, an opportunity to be heard, reasons for the decision, or access to review mechanisms.
Mutwiri further contends that the system removes judicial discretion by imposing fixed penalties without consideration of mitigating factors or the individual circumstances of each case, which he says could result in disproportionate fines.
The petition invokes the jurisdiction of the High Court under Article 165 of the Constitution, which empowers the court to determine whether actions taken under the authority of any law are inconsistent with the Constitution and grants supervisory powers over subordinate courts and bodies exercising judicial or quasi-judicial authority.
Among the orders sought, the petitioner is asking the court to declare the Instant Traffic Fines Management System unconstitutional, null and void for violating Articles 47, 50 and 159 of the Constitution.
He is also seeking a declaration that the system violates the doctrine of separation of powers, an order of certiorari to quash NTSA’s public notice introducing the system, and an order of prohibition restraining its implementation or enforcement.
Additionally, the petition seeks a declaration that guilt or innocence in traffic offences can only be determined by courts of law.
