By Andrew Kariuki
The High Court in Nairobi has temporarily halted the implementation of the National Transport and Safety Authority (NTSA) Instant Traffic Fines Management System following a petition challenging the legality of the automated enforcement mechanism.
The orders were issued at the Milimani High Court by Justice Bahati Mwamuye, who directed that the matter proceed for further hearing while restraining authorities from enforcing the automated traffic penalties.
The petition was filed by Sheria Mtaani na Shadrack Wambui, who moved to court arguing that the system violates several constitutional provisions, including the right to fair administrative action and the right to a fair trial.
In the case filed against the NTSA, its Director-General and the Attorney General, the petitioners argue that the newly introduced automated system allows traffic penalties to be issued through algorithmic or automated decision making processes without proper judicial oversight.
The court documents indicate that the petition challenges the public notice issued by the NTSA Director General introducing the Automated Instant Fines Traffic Management System, which uses smart traffic cameras to detect violations and send instant SMS penalties to motorists.
According to the petition, the system raises constitutional concerns as it may usurp the mandate of the Office of the Director of Public Prosecutions (ODPP) and bypass the judicial process required in criminal traffic offences.
The petitioners also argue that automated penalties generated without human intervention could violate provisions of the Data Protection Act, 2019, particularly those governing algorithmic decision making.
In its initial directions, the court joined KCB Bank Kenya as an interested party in the proceedings, given its role in facilitating payments for fines issued through the system.
Justice Mwamuye further issued a conservatory order restraining the respondents and any related agencies from issuing, generating, demanding or enforcing automated traffic penalties pending the inter partes hearing and determination of the application.
The case now sets the stage for a major legal test on the use of automated enforcement technology in Kenya’s traffic management system, as the court considers whether the rollout complies with constitutional safeguards and statutory requirements.
The matter is expected to proceed for further directions and hearing as the court evaluates the legality of the NTSA’s automated traffic fines framework.
