The National Transport and Safety Authority (NTSA) is seeking withdrawal of the petition filed at the High Court challenging the implementation of the Instant Fines Management System announced through its official X account @ntsa_kenya on March 9, 2026.

NTSA, through an affidavit sworn by the Director General Odhiambo Kondiwa, avers that the matter has been overtaken by events since they issued a public notice formally withdrawing the earlier notice.

He states they issued a public notice formally withdrawing the earlier notice that had announced the intended operationalisation (go-live) of the Instant Fines Management System on or about March 27, 2026.

“That I am advised by Counsel on record, which advice I verily believe to be sound, that where the subject matter of a dispute has ceased to exist or has been overtaken by events, such proceedings are rendered moot and academic,” part of the affidavit reads.

In addition, the director argues that the continued prosecution of the petition filed by the lobby group Sheria Mtaani alongside lawyer Shadrack Wambui would therefore amount to an academic exercise and an unnecessary invocation of the court’s jurisdiction.

On March 12, 2026, Milimani High Court Judge Bahati Mwamuye 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’s 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.

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.