By Andrew Kariuki
A Nairobi resident has moved to the High Court seeking to halt the implementation of the National Transport and Safety Authority’s (NTSA) Instant Traffic Fines Management System, arguing that the system is unconstitutional and violates motorists’ right to a fair trial.
In a constitutional petition filed before the Constitutional and Human Rights Division of the High Court in Nairobi, Kennedy Maingi Mutwiri is challenging the legality of the automated traffic enforcement system introduced by NTSA on March 9, 2026.
Mutwiri, who filed the case through Jama Munene Kyalo Advocates LLP, has named the National Transport and Safety Authority (NTSA) as the 1st Respondent and the Attorney General as the 2nd Respondent.
According to court documents, NTSA announced the system through its official X (formerly Twitter) account, stating that it would issue automatic SMS notifications of traffic offences detected through cameras and require motorists to pay fines within seven days.
Failure to pay the fines within the stipulated period would result in additional interest charges and restrictions on NTSA digital services.
However, Mutwiri argues that the system unlawfully allows the Executive arm of government to assume powers that constitutionally belong to the Judiciary.
“The system bypasses the courts and allows the Executive to determine criminal liability,” the petition states.
The petitioner contends that traffic offences are criminal in nature and must therefore be prosecuted before a court of law, where an accused person has the opportunity to defend themselves.
In the petition, Mutwiri argues that the automated system violates Article 47 of the Constitution on the right to fair administrative action and Article 50 on the right to a fair trial, including the presumption of innocence.
He further claims the system undermines the doctrine of separation of powers by allowing NTSA to impose penalties without judicial oversight.
According to the court filings, the system is fully automated and operates without human intervention, raising concerns about the absence of judicial discretion and the possibility of errors.
Mutwiri also argues that the system ignores safeguards provided under Section 117 of the Traffic Act and the Traffic (Minor Offences) Rules, 2016, which govern how minor traffic offences should be handled.
In a Notice of Motion filed alongside the petition, the petitioner is seeking urgent conservatory orders to stop the deployment of the Instant Traffic Fines Management System pending the hearing and determination of the case.
The application asks the court to certify the matter as urgent and issue orders temporarily suspending the system.
Among the final orders sought in the petition are a declaration that the Instant Traffic Fines Management System is unconstitutional, an order of certiorari quashing the NTSA public notice introducing the system, and an order of prohibition barring the Authority from implementing it.
Mutwiri argues that the system condemns motorists “unheard,” contrary to principles of natural justice.
The case is expected to raise significant legal questions about the use of automated enforcement technologies in Kenya’s traffic management system and the extent to which administrative bodies can impose penalties without court involvement.
The matter is yet to be heard.
