Kenyan motorists are facing growing uncertainty over the enforcement of instant traffic fines after conflicting interpretations of recent High Court rulings sparked confusion on whether automated speeding tickets remain legally enforceable.

The confusion follows conservatory orders issued by the High Court in Nairobi and Kerugoya suspending the implementation of a 21-year Public-Private Partnership (PPP) between the National Transport and Safety Authority (NTSA) and Pesa Print Limited, a project aimed at expanding Kenya’s Intelligent Traffic Management System.

In separate rulings, Justices Dennis Kizito Magare and Bahati Mwamuye halted the rollout of the automated enforcement programme pending the hearing of petitions challenging its legality.

“A conservatory order is issued suspending the implementation of the public-private partnership between the National Transport and Safety Authority and the Pesa Print Limited consortium in respect of the design, supply, delivery, installation and maintenance of smart driving licences, the automated fines system and associated services pending an inter partes hearing of the application by way of notice of motion,” Judge Kizito ordered.

No adequate public participation

The petitioners argue that the project was introduced without adequate public participation, lacked sufficient safeguards for the collection and storage of motorists’ biometric and personal data, and violated procurement laws.

The court orders also barred the collection of automated or algorithm-generated traffic fines under the suspended PPP framework.

However, despite the conservatory orders, motorists continue receiving instant speeding tickets via SMS generated by NTSA’s existing automated enforcement system, leaving many questioning whether the fines remain valid.

NTSA Director General Nashon Kondiwa has maintained that the agency is acting within the law, insisting that the court orders only stopped the expansion of the smart traffic camera network under the PPP arrangement and did not suspend the enforcement of existing traffic laws.

According to Kondiwa, the current instant fines are issued under the Minor Traffic Offences Rules established under the Traffic Act, which remain operational unless specifically invalidated by the courts.

Speaking during a television interview on Monday, June 15, 2026, NTSA Director-General Nashon Kondiwa said enforcement operations are ongoing despite the legal pause on the automated system.

“We have increased the enforcement, and this is where the noise around instant fines comes in,” Kondiwa said. “We already have enforcement that are going on, including drunk driving.”

He noted that recent operations have targeted impaired driving in several cities and towns.

NTSA has also intensified monitoring of public transport operators as part of broader compliance measures.

Legal experts, however, say the parallel existence of court orders suspending automated fine collection and NTSA’s continued issuance of instant penalties has created uncertainty for motorists, with many unsure whether to pay the fines or challenge them in court.

Consumer rights advocates have also called on NTSA and the Attorney General to provide clear guidance to the public, arguing that conflicting interpretations risk undermining confidence in road safety enforcement and the rule of law.

The dispute is expected to return to court for a full hearing, where judges will determine whether Kenya’s automated traffic enforcement system complies with constitutional requirements on public participation, privacy, procurement, and data protection.

Consequences of unpaid NTSA fines

The NTSA requires motorists issued with an instant traffic fine to settle it within seven days. Missing this deadline does not make the fine disappear.

Instead, the unpaid penalty remains on your record and may attract further enforcement measures.One of the immediate consequences is restricted access to essential NTSA services through the eCitizen platform.

Once your driver or vehicle records are flagged because of an unpaid instant fine, you may be unable to renew your driving licence, transfer ownership of a motor vehicle or complete other important NTSA transactions.

These restrictions can be particularly frustrating for motorists who urgently need these services.