NAIROBI, Kenya — The National Transport and Safety Authority (NTSA) Director General Nashon Kondiwa is facing a contempt of court application over allegations that the authority continued implementing a smart driving licence and automated traffic fines system despite a court order suspending the rollout.
The Road Safety Association of Kenya (RSAK), through its chairman David Kiarie, moved to the High Court on Wednesday, August 12, 2026, seeking to have Kondiwa cited for contempt.
The petition alleges that the National Transport and Safety Authority (NTSA) proceeded with a public-private partnership (PPP) arrangement for the controversial system despite being served with a conservatory order halting its implementation.
According to the petitioner, Kondiwa was personally notified of the alleged breach through a formal letter dated June 5, which he received the same day.
The contempt application stems from an earlier legal challenge to a PPP between NTSA and a financial technology company contracted to design and implement the smart driving licence and automated instant traffic fines system.
The dispute dates back to May, when High Court Judge Magare Dennis Kizito issued a conservatory order suspending implementation of the arrangement pending further proceedings.
The order was first served on the parties, including NTSA, electronically on May 30 and subsequently delivered in person on June 2, according to the petition.
RSAK now alleges that despite being aware of the order, NTSA continued enforcing the automated fines system.
The road safety lobby argues that such action amounted to disobedience of a binding court directive and wants the NTSA director general held personally accountable.
The allegations, however, remain matters for the court to determine.
In its application, RSAK is asking the High Court to cite Kondiwa for contempt and impose the appropriate sanctions if the court finds that he knowingly breached the conservatory order.
The application places renewed scrutiny on NTSA’s handling of the smart driving licence and automated traffic enforcement programme, which has faced legal challenges over its implementation.
The authority’s position on the latest contempt application will be considered as the proceedings continue.
The dispute is part of a broader series of legal challenges surrounding NTSA’s operations and proposed reforms.
A related petition by the Consumer Federation of Kenya (COFEK) has also drawn several state agencies into the legal dispute.
Justice Patricia Nyaudi has set November 26, 2026, for delivery of the final ruling in the related matter.
The developments come at a difficult time for NTSA, which is simultaneously facing another court challenge over its planned transition from physical motor vehicle logbooks to an electronic registration system.
Hours before the latest contempt application, the High Court blocked NTSA from permanently invalidating existing physical motor vehicle logbooks.
Also Read: High Court suspends NTSA smart driving licence, automated fines system
The decision complicates the authority’s plan to move logbook-related services entirely online.
NTSA has argued that digitising vehicle registration services will improve convenience, efficiency and access for motorists.
The court challenges, however, could force the authority to reconsider how quickly it implements some of the planned changes.
For NTSA, the legal disputes now raise two related questions: whether it can proceed with controversial digital transport reforms while court challenges remain pending, and whether its officials complied fully with orders suspending aspects of those reforms.
The contempt proceedings against Kondiwa will now determine whether the allegations of deliberate non-compliance meet the legal threshold required for contempt of court.
