NAIROBI, Kenya, July 1 – The Law Society of Kenya (LSK) has filed a petition seeking to suspend the implementation of new mandatory motor vehicle inspection regulations.
LSK argues that the rules could impose significant compliance costs on motorists and businesses without adequate public participation.
The petition, lodged before the High Court’s Constitutional and Human Rights Division, challenges the Traffic (Motor Vehicle Inspection) Rules, 2026, which are scheduled to take effect on July 1.
The regulations require all vehicles older than four years to undergo annual inspections, while all imported and locally assembled vehicles must be inspected before registration.
The rules also introduce inspection fees based on engine capacity and prescribe penalties of up to Sh20,000 or six months’ imprisonment for operating vehicles that have not undergone mandatory inspection.
LSK argues that while improving road safety is a legitimate objective, the regulatory framework was introduced without sufficient public consultation and lacks the infrastructure needed for nationwide implementation.
“The Petitioner avers that the Traffic (Motor Vehicle Inspection) Rules which are scheduled to commence on 1st July, 2026 were published by the 2nd Respondent on 24th June, 2026 presumably with the intention of preventing adequate public interaction with the Rules prior to their roll out.”
“Accordingly, the Petitioner is apprehensive that the lack of consultation, transparency and public participation characterized in the enactment of the impugned rules undermines fundamental constitutional tenets.”
According to the petition, the society contends that the National Transport and Safety Authority (NTSA) has yet to publish a comprehensive list of inspection centres, operational guidelines, booking systems and implementation procedures that motorists would require to comply with the new regime.
LSK further argues that motorists could face penalties before sufficient inspection infrastructure is in place, exposing vehicle owners and transport businesses to uncertainty and potential disruption.
The society is asking the High Court to issue conservatory orders suspending the commencement of the rules pending determination of the petition, and ultimately declare the regulations unconstitutional if found to have been enacted without compliance with constitutional and statutory requirements.
The case comes as businesses in the transport, logistics, insurance and automotive sectors prepare for the rollout of the new inspection regime, which is expected to affect millions of private and commercial vehicle owners across the country.
