Court temporarily bars NTSA from implementing instant traffic fines
By Zipporah Ngwatu, March 12, 2026A Nairobi High Court has temporarily barred the National Transport and Safety Authority (NTSA) from implementing the instant traffic fine management system until an application filed against it is heard and determined.
Sheria Mtaani and Shadrack Wambui filed a petition against NTSA, the NTSA Director General, and the Attorney General (AG) over the use of algorithm-based enforcement in traffic management.
Milimani High Court Judge Bahati Mwamuye has, on Thursday, March 12, 2026, issued conservatory orders barring the NTSA, the Director General of the NTSA and the AG from issuing or enforcing instant traffic penalties generated through automated systems.
“Pending the inter partes hearing and determination of the petitioner notice of motion, a conservatory order be and is hereby issued restraining the respondents and the interested party, both jointly and severally, and whether by themselves, their officers, agents, related entities, or any person acting under their authority or together with them in a multi-agency framework, from issuing, generating, demanding, or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems and/or implementing or further implementing the impugned Instant Fines Traffic Management System,” Judge Mwamuye ordered.
KCB included as interested party
Further, Justice Mwamuye has directed that KCB Bank Kenya be included in the case as an interested party.
“Pursuant to rule 7(2) of the Constitution of Kenya (protection of rights and fundamental freedoms) practice and procedure rules 2013, the court on its own motion made KCB Bank Kenya the interested party in these proceedings with immediate effect,” Justice Mwamuye directed.
The court has directed that the petitioner serve the State Law Office, NTSA, Director General NTSA, AG, and KCB with the application, petition, and the court order in both hard copy and soft copy immediately and file an affidavit of service in that regard by close of business on Friday, March 13, 2026.
The matter will be mentioned on April 9, 2026, to confirm compliance and to take directions on the expedited hearing and determination of the application.
NTSA, through its official X (formerly Twitter) account @ntsa_kenya, on March 9, 2026, announced the introduction of the instant traffic fine management system through cameras installed on major roads within the country.
However, several petitions have been filed contending that the said announcement purports to introduce a nationwide enforcement regime that fundamentally alters the manner in which criminal liability for traffic offences is determined, enforced, and penalised in Kenya.