Motorists across the country have obtained temporary relief after the High Court issued orders stopping the enforcement of automated instant traffic fines introduced by the National Transport and Safety Authority (NTSA).
In conservatory orders issued on Thursday morning, Justice Bahati Mwamuye barred NTSA and the Office of the Attorney General from issuing, generating, demanding or enforcing traffic penalties produced through algorithm-based or other automated decision-making systems.
The orders were issued in a constitutional petition filed by lobby group Sheria Mtaani through its lawyers Danstan Omari and Shadrack Wambui challenging the legality of the Instant Fines Traffic Management System recently rolled out by NTSA.
Justice Mwamuye also directed that KCB Bank Kenya be enjoined in the proceedings as an interested party.
In the interim orders, the court restrained the respondents and the interested party, whether acting jointly or severally, from implementing or continuing to implement the impugned automated traffic penalties system pending the inter-partes hearing of the application.
According to court documents filed under a certificate of urgency, the petitioners argue that the automated system imposes penalties immediately once an alleged traffic offence is detected without prior notice, warning or human review.
They contend that the system violates Articles 47 and 50 of the Constitution which guarantee fair administrative action, procedural fairness and the presumption of innocence.
The petitioners further argue that motorists are compelled to pay fines within seven days or risk administrative sanctions including denial of access to essential NTSA services.
They also claim the system bypasses the constitutional mandate of the Office of the Director of Public Prosecutions by determining alleged offences and imposing penalties without instituting prosecution before a court of law.
According to the petitioners, the automated system also disregards safeguards under the Traffic Act, including the requirement to serve notices and give alleged offenders an opportunity to be heard.
They further argue that the system unfairly converts registered vehicle owners into automatic culprits even where they may not have been the drivers at the time of the alleged offence.
The petition also raises concerns over data protection, stating that the decision-making process is executed solely through automated algorithms without human intervention.
The petitioners argue that this contravenes provisions of the Data Protection Act, 2019 which require transparency in automated decision-making and guarantee individuals the right to human review.
They also questioned the collection of traffic fines through a commercial bank account linked to KCB instead of statutory government accounts, saying the arrangement raises accountability concerns over the handling of public revenue.
Justice Mwamuye directed the petitioners to immediately serve the respondents and the interested party with the petition, application and court orders and file an affidavit of service by close of business on March 13, 2026.
The respondents and the interested party have been given until March 20, 2026 to enter appearance and file their responses.
The petitioners may thereafter file a rejoinder by March 27, 2026 if necessary.
The matter will be mentioned on April 9, 2026 to confirm compliance and give further directions on the expedited hearing and determination of the application and the main petition.
