NAIROBI, Kenya, Aug 12 — The High Court has directed the National Transport and Safety Authority (NTSA) to continue recognising existing physical motor vehicle logbooks as valid documents pending the hearing and determination of a petition challenging the implementation of the electronic motor vehicle registration certificate, commonly known as the e-Logbook.
Justice Patricia Nyaundi Mande issued the conservatory order in a case filed by Javan Onyango and Emmanuel Kiplagat, who have challenged aspects of NTSA’s transition to digital vehicle ownership records.
The ruling means that members of the public holding physical motor vehicle logbooks cannot have the documents permanently discontinued or invalidated while the court considers the petition.
The petitioners had asked the High Court to suspend the implementation of the e-Logbook system and stop NTSA from introducing new charges linked to the digital registration process.
They also sought orders preventing the authority from invalidating existing physical certificates of registration.
Justice Nyaundi granted the interim protection, directing NTSA and the other respondents to continue recognising physical logbooks until the case is determined.
“Pending the hearing and determination of the Petition, a Conservatory Order hereby issues restraining the respondents from permanently discontinuing or invalidating existing physical Certificates of Registration (Logbooks) held by members of the public,” the judge ordered.
The decision provides temporary relief to vehicle owners who continue to rely on physical logbooks as proof of vehicle ownership.
Despite protecting physical logbooks, the High Court did not suspend the entire e-Logbook programme.
The ruling instead focused narrowly on preventing NTSA from permanently discontinuing or invalidating existing physical certificates of registration.
This means the authority can continue operating its electronic vehicle registration system while the broader legal questions raised by the petition are considered.
The court will ultimately determine whether NTSA complied with constitutional, legal and administrative requirements in rolling out the system.
Onyango and Kiplagat challenged the e-Logbook rollout on several grounds, including public participation, data protection, cybersecurity and digital exclusion.
They argued that NTSA had not adequately engaged the public before implementing the new system.
The petitioners also raised concerns over the handling and protection of sensitive information belonging to vehicle owners.
Among the documents they said NTSA had failed to disclose were data protection impact assessments, cybersecurity audit reports, public participation records, procurement documents and relevant legal approvals.
The petitioners further questioned the legality of new charges associated with the digital registration process.
NTSA opposed the application and maintained that the electronic motor vehicle register was not a completely new system.
The authority told the court that electronic vehicle records have been maintained since 2014 through the Transport Integrated Management System (TIMS).
NTSA argued that the e-Logbook represents an administrative modernisation of an existing system rather than the creation of an entirely new legal framework.
The authority also maintained that physical logbooks remain valid and that vehicle owners had not been given a mandatory deadline to convert their documents into electronic records.
The transport authority said it had undertaken public awareness and sensitisation initiatives through its website, social media platforms, Huduma Centres and virtual engagements.
NTSA also defended the security of its digital system, citing measures such as encryption and QR-code verification.
According to the authority, the electronic system is designed to improve the verification of vehicle ownership, strengthen record management and help combat fraud involving motor vehicles.
In her ruling, Justice Nyaundi noted that the electronic motor vehicle register has a statutory basis under the Traffic Act and has existed since 2014.
The judge also noted that the constitutionality of the electronic motor vehicle register itself was not the subject of the challenge.
The court nevertheless found that maintaining the validity of existing physical logbooks was necessary to safeguard the interests of vehicle owners while the petition is being heard.
The interim order therefore preserves the status quo without bringing the wider digital registration programme to a halt.
The ruling means motorists who currently possess physical vehicle logbooks can continue relying on them while the case is pending.
NTSA cannot permanently discontinue or invalidate those physical certificates solely because of the e-Logbook transition before the court determines the petition.
However, the order does not amount to a final ruling against the e-Logbook system.
The court is yet to determine the substantive issues surrounding public participation, data protection, cybersecurity, digital access, charges and the legality of NTSA’s implementation process.
The petition will now proceed to a full hearing, where the High Court will determine whether the concerns raised by the petitioners have sufficient legal and constitutional basis.
