The High Court has temporarily halted the enforcement of instant automated traffic fines, offering relief to motorists across the country.
In conservatory orders issued on Thursday morning, Justice Bahati Mwamuye barred the National Transport and Safety Authority (NTSA) and the Office of the Attorney General from issuing, generating, demanding, or enforcing automated traffic penalties produced through algorithmic or automated decision-making systems.
The orders followed a constitutional petition filed by 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, the respondents and the interested party, whether acting jointly or severally, are restrained from implementing or continuing to implement the impugned automated traffic penalties system pending the hearing of the application,” the judge ruled.
According to the petition, the automated instant fines system imposes penalties immediately once an alleged traffic offence is detected, without prior notice, warning, or human review. Sheria Mtaani argues that the system violates Articles 47 and 50 of the Constitution, which guarantee fair administrative action, procedural fairness, and the presumption of innocence.
“The system imposes penalties instantly upon detection of an alleged traffic infraction without giving motorists an opportunity to be heard,” the petitioner told the court, adding that drivers are compelled to pay fines within seven days or risk administrative sanctions, including denial of access to essential NTSA services.
The lobby group further argued that 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.
Sheria Mtaani also claims the automated system disregards safeguards provided under the Traffic Act, including requirements to serve notices and allow alleged offenders to respond. The petition further argues that the system unfairly converts registered vehicle owners into automatic culprits, even in cases where they may not have committed the alleged offence.
Concerns were also raised over data protection. The petitioner says the decision-making process is executed solely through automated algorithms without human intervention, which it argues contravenes provisions of the Data Protection Act 2019 that require transparency in automated decision-making and guarantee individuals the right to human review.
Additionally, Sheria Mtaani questioned the collection of traffic fines through a commercial bank account linked to KCB rather than statutory government accounts.
The group said the arrangement raises accountability concerns over the handling of public revenue.
“The continued implementation of the system threatens widespread harm to motorists across the country as it creates pressure on citizens to pay fines before any adjudication is made,” the petitioner told the court.
Justice Mwamuye directed the petitioner to immediately serve the respondents and the interested party with the petition, application, and the 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 petitioner will have leave to file a rejoinder by March 27, 2026, if necessary.
The case will be mentioned on April 9, 2026, to confirm compliance and give further directions on the expedited hearing and determination of both the application and the main petition.
