Motorists across Kenya have received temporary relief after the High Court issued orders stopping the enforcement of instant automated traffic fines introduced by the National Transport and Safety Authority (NTSA).
In conservatory orders issued on Thursday morning, Justice Bahati Mwamuye restrained NTSA and the Office of the Attorney General of Kenya from issuing, generating, demanding or enforcing traffic penalties produced through algorithm-based or automated decision-making systems.
The orders followed a constitutional petition filed by lobby group Sheria Mtaani through its lawyers Danstan Omari and Shadrack Wambui, who challenged the legality of the automated instant fines system rolled out by NTSA.
Court Suspends Automated Traffic Penalties
Justice Mwamuye directed that NTSA and other respondents immediately stop implementing the contested system pending the hearing and determination of the case.
The court also ordered that KCB Bank Kenya be included in the proceedings as an interested party.
In the interim orders, the judge barred the respondents and the interested party from jointly or individually continuing with the implementation of the automated penalties system until the application is heard and determined.
The ruling effectively suspends the enforcement of the instant fines programme that had been rolled out to detect and penalize traffic violations automatically through technology-driven monitoring systems.
Petition Challenges Legality of the System
In the petition before the court, Sheria Mtaani argues that the automated instant fines system imposes penalties immediately after an alleged traffic offence is detected without giving motorists prior notice, warning or an opportunity to challenge the accusation.
According to the petitioner, the system violates Articles 47 and 50 of the Constitution, which guarantee the right to fair administrative action, procedural fairness and the presumption of innocence.
The lobby group further claims that motorists are required to pay the fines within seven days, failing which they risk facing administrative sanctions including being denied access to key NTSA services.
The petition argues that such a system effectively bypasses the constitutional role of the Office of the Director of Public Prosecutions by determining offences and imposing penalties without prosecution taking place in a court of law.
Concerns Over Due Process and Data Protection
Sheria Mtaani also raised concerns that the automated system fails to observe safeguards provided under the Traffic Act, including the requirement that alleged offenders be served with notices and allowed an opportunity to be heard.
The lobby group contends that the system treats registered vehicle owners as automatic offenders even in situations where they may not have been the ones driving at the time of the alleged offence.
Further concerns were raised regarding data protection and transparency in automated decision-making.
The petitioner argued that the entire process is executed through algorithms without human intervention, which could violate provisions of the Data Protection Act, 2019 that guarantee transparency and give individuals the right to request human review of automated decisions affecting them.
Questions Over Collection of Traffic Fines
The petition also questioned the collection of traffic fines through a commercial bank account linked to KCB Bank Kenya rather than through statutory government accounts.
According to Sheria Mtaani, the arrangement raises accountability concerns regarding the management and handling of public revenue collected through traffic penalties.
The lobby group warned that continued implementation of the system could cause widespread harm to motorists across the country.
It argued that the automated fines create pressure on drivers to pay penalties immediately to avoid sanctions even before their cases are heard or determined by a court.
Court Sets Timelines for the Case
Justice Mwamuye directed the petitioner to immediately serve the respondents and the interested party with the petition, application and court orders.
The petitioner must file an affidavit of service by the close of business on March 13, 2026.
The respondents and the interested party have been given until March 20, 2026 to enter appearance and submit their responses to the case.
The petitioner will then have the opportunity to file a rejoinder by March 27, 2026, if necessary.
The matter will be mentioned in court on April 9, 2026 to confirm compliance and provide further directions on the expedited hearing and determination of both the application and the main petition.
The High Court’s interim ruling now means that the controversial automated traffic fines system will remain suspended until the court determines whether it complies with the Constitution and existing laws governing traffic enforcement in Kenya.
