A petition has been filed in the High Court challenging the National Transport and Safety Authority’s (NTSA) newly introduced Instant Traffic Fines Management System, with the petitioner seeking urgent court intervention to stop its implementation.
The case was filed by Kennedy Maingi Mutwiri after NTSA announced on March 9, 2026, through its official X platform that the automated traffic enforcement system would begin operating.
Under the new system, motorists captured violating traffic rules by cameras installed along major roads in Nairobi are automatically issued with fines. The notifications are sent through SMS, and the penalties are reflected in accounts linked to motorists through NTSA’s digital portal.
In the petition, Mutwiri argues that the system lacks a clear legal foundation and unlawfully bypasses the judicial process required in handling traffic offences.
He contends that offences under the Traffic Act, Cap 403, are criminal in nature and must be prosecuted before a court of law where an accused person has the opportunity to be heard and to challenge the evidence presented against them.
According to the petitioner, the automated system presumes liability immediately a fine notification is issued and requires motorists to pay within seven days, a requirement he says effectively discourages individuals from exercising their constitutional right to challenge the accusations in court.
The petition further claims that the system violates the doctrine of separation of powers by assuming functions that belong to the judiciary. Mutwiri argues that determining criminal liability and imposing penalties are core judicial responsibilities that cannot lawfully be exercised by an administrative agency through an automated process.
He also alleges that the system undermines the right to a fair trial under Article 50 of the Constitution by presuming guilt, denying motorists the opportunity for a public hearing, limiting their ability to present evidence, and removing judicial discretion in determining penalties.
Additionally, the petitioner argues that the system violates Article 47 of the Constitution on the right to fair administrative action, stating that the automated fines are imposed without adequate notice, reasons for the decision, or clear mechanisms for review.
Mutwiri further contends that the system imposes rigid penalties without considering mitigating factors or the specific circumstances of each case, which he says could lead to unjust and disproportionate fines.
The petition invokes the jurisdiction of the High Court under Article 165 of the Constitution to determine whether actions taken under the authority of law are inconsistent with the Constitution.
Among the orders sought, the petitioner wants the court to declare the Instant Traffic Fines Management System unconstitutional, null and void for violating Articles 47, 50, and 159 of the Constitution.
He is also seeking orders to quash NTSA’s public notice introducing the system and to prohibit the authority from implementing or enforcing the automated fines system, arguing that the determination of guilt or innocence in traffic offences can only be made by courts of law.
