High Court Suspends NTSA’s Automated Traffic Fines System

The High Court has suspended the enforcement of Kenya’s automated instant traffic fines system introduced by the National Transport and Safety Authority (NTSA). 

The orders temporarily prevent authorities from issuing or enforcing penalties generated through the digital platform while constitutional petitions challenging the system are heard. In its conservatory orders, the court restrained NTSA, its Director-General, and related agencies from implementing fines issued through algorithm-based enforcement. 

The suspension will remain in force until the case is argued before the court. Judges indicated that the matter will be fast-tracked, with proceedings expected to conclude within 90 days. KCB Bank Kenya, which processes payments for the fines, has been joined to the case as an interested party.

The petition was filed by civil society group Sheria Mtaani together with lawyer Shadrack Wambui. They argue that the automated system violates constitutional safeguards. According to the petitioners, traffic offences are criminal matters that should follow established legal procedures, including investigation, prosecution, and determination by a court.

Under the contested system, traffic violations are detected automatically and motorists receive SMS notifications informing them of the offence. The message requires payment of a fine within seven days. The petitioners state that this process effectively imposes penalties without giving motorists an opportunity to challenge the allegations before a court.

The case also raises concerns about transparency and the handling of public revenue. The petitioners question the decision to channel fine payments through a commercial bank rather than through judicial or statutory processes. They argue that this arrangement may affect accountability in the management of public funds.

Privacy concerns have also been raised. The petition claims that the system relies on extensive surveillance and collects motorists’ personal data without demonstrating compliance with the Data Protection Act, 2019.

The legal challenge expanded shortly after the initial filing. Within a day, three additional petitions were submitted by the Centre for Litigation Trust, Levi Munyeri, and Kennedy Mutwiri. These filings argue that the government introduced the system without sufficient public participation and that it intrudes on individuals’ private affairs.

The Centre for Litigation Trust stated in its petition that road safety is a legitimate objective for the state. However, it argues that enforcement measures must still respect constitutional protections, including the right to privacy.

The dispute highlights the broader challenge of integrating digital technologies into public administration while observing constitutional safeguards. Automated enforcement systems are designed to improve efficiency and compliance, but critics maintain that such tools must operate within clear legal and procedural limits.

The case will be mentioned again on 9 April, when the court will issue directions on the hearing timetable. Until then, motorists will not be subject to automated fines as the legal challenge proceeds.