Motorist Takes NTSA to Court Over Instant Fines, Claims System Denies Drivers Fair Hearing

A Kenyan driver has gone to court to challenge the new instant traffic fines introduced by the National Transport and Safety Authority. The motorist argues that the system punishes drivers immediately without giving them a chance to defend themselves in court.

The case was filed by Kennedy Maingi Mutwiri, who claims the technology-based penalties violate the constitutional right to a fair hearing. According to court documents, he believes the system allows motorists to be fined before proper legal procedures are followed.

Mutwiri said the system was introduced through a public notice issued on March 9, 2026. He argues that it does not clearly follow the Traffic (Minor Offences) Rules of 2016, which previously guided how minor traffic violations should be handled.

“I verily believe that the system introduced through the public notice of March 9, 2026 does not secure the right to due process and therefore violates the principles of natural justice and Article 50 on a fair trial,” part of the affidavit states.

The petitioner also raised concerns about the accuracy of the technology used to detect offences. He warned that drivers could be punished through automated systems without being given a proper opportunity to challenge the evidence.

The legal challenge comes just days after the authority launched the Instant Fines Traffic Management System on major roads in Nairobi.

On the first day of its operation, several motorists were fined after cameras detected vehicles exceeding the speed limit along Thika Superhighway.

The cameras captured vehicles travelling above the allowed 110 kilometres per hour, and some drivers received fines of up to KSh10,000.

The instant fines system is part of government efforts to reduce traffic violations and improve safety on Kenyan roads. Authorities believe technology can help enforce traffic laws more effectively.

However, Mutwiri argues that while road safety is important, enforcement should still respect the legal rights of motorists.

The court is now expected to examine the petition and determine whether the new system meets constitutional standards and protects the rights of drivers.