High Court Halts NTSA’s Instant Traffic Fines in Major Win for Motorists

Motorists across Kenya have received temporary relief after the High Court stopped the enforcement of the new instant traffic fines system. The court issued orders preventing the National Transport and Safety Authority (NTSA) from issuing or collecting penalties generated through the automated system.

Justice Bahati Mwamuye granted conservatory orders suspending the Instant Traffic Management System while a legal challenge against it is being heard. The ruling means the authority cannot implement or enforce the digital fines until the court determines whether the system is lawful.

The instant fines system had been introduced to improve road safety and speed up the punishment of traffic offenders. It relied on automated processes to generate penalties for motorists who violated traffic rules. However, critics argued that the system raised serious legal and transparency concerns.

In his ruling, Justice Mwamuye made it clear that the enforcement of automated penalties must stop immediately. He warned that the system should not continue operating while the case questioning its legality is still before the court.

“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” said Justice Mwamuye.

The decision effectively blocks NTSA from issuing, generating, or enforcing any traffic penalties that rely on algorithm-based or automated decision-making tools. This includes fines that would have been produced through the Instant Traffic Management System.

The case was filed by lawyer Shadrack Wambui together with lobby group Sheria Mtaani. The petition challenges both the legality of the automated fines and the process used to select a single bank that would handle the payments.

According to the petitioners, the system could expose motorists to unfair penalties if proper safeguards are not put in place. They also argue that the arrangement with one bank raises accountability and transparency concerns.

The court has now scheduled the matter for mention on April 9. During the session, the judge will review compliance with the orders and give directions on how the full hearing of the petition will proceed.

Until the case is resolved, motorists will not be required to pay instant fines issued through the automated system. The ruling marks an important legal battle over how technology should be used in enforcing traffic laws in Kenya.