NAIROBI, Kenya — Motorists across Kenya have received temporary relief after the High Court issued orders suspending the enforcement of automated instant traffic fines introduced by the National Transport and Safety Authority (NTSA).
In conservatory orders issued on Thursday morning, Bahati Mwamuye ruled that the authority and the Office of the Attorney General must immediately stop issuing, generating, demanding, or enforcing traffic penalties produced through algorithmic or automated decision-making systems.
The ruling followed a constitutional petition filed by the civic lobby group Sheria Mtaani through its lawyers, Danstan Omari and Shadrack Wambui, challenging the legality of the automated fines regime recently rolled out by NTSA.
Justice Mwamuye also directed that KCB Bank Kenya be included in the proceedings as an interested party.
In the interim orders, the judge barred the respondents and the interested party, whether acting jointly or individually, from implementing or continuing to enforce the automated traffic penalties system pending an inter-partes hearing of the application.
The petitioners argue that the system imposes penalties immediately after a traffic violation is detected by surveillance cameras or other automated technologies, without prior notice, warning, or human review.
Sheria Mtaani contends that the system violates Articles 47 and 50 of the Constitution, which guarantee fair administrative action, procedural fairness, and the presumption of innocence.
According to the petition, motorists are required to pay the fines within seven days of notification or risk administrative sanctions, including denial of access to critical NTSA services such as vehicle registration or licence renewal.
The lobby group argues that the system effectively bypasses the constitutional mandate of the Office of the Director of Public Prosecutions by determining alleged offences and imposing penalties without instituting formal prosecution before a court of law.
The petition further claims the automated process ignores safeguards outlined in the Traffic Act (Kenya), including requirements to serve official notices and allow alleged offenders an opportunity to respond before penalties are imposed.
Sheria Mtaani also argues that the system automatically treats registered vehicle owners as offenders even when they may not have been driving at the time of the alleged infraction.
Additional concerns were raised regarding privacy and data protection. The petition states that the enforcement decisions are made solely through automated algorithms without human oversight.
According to the applicants, this approach may breach provisions of the Data Protection Act (Kenya) 2019, which requires transparency in automated decision-making and guarantees individuals the right to request human review of algorithm-based decisions.
The petition also questions the collection of traffic fines through a commercial bank account linked to KCB Bank Kenya rather than through statutory government accounts, raising concerns about transparency and accountability in the handling of public revenue.
Sheria Mtaani told the court that continued implementation of the system could expose thousands of motorists to unfair penalties while placing pressure on citizens to pay fines before any independent adjudication is conducted.
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Justice Mwamuye directed the petitioner to serve the respondents and the interested party with the petition, application, and court orders immediately and to file an affidavit of service by the 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 petitioner may then file a rejoinder by March 27, 2026, if necessary.
The case will be mentioned again on April 9, 2026, when the court will confirm compliance and issue further directions on the expedited hearing and determination of both the application and the main constitutional petition.
The ruling marks a significant development in the ongoing debate over the use of digital surveillance and automated enforcement systems in Kenya’s traffic management framework.
