A Nairobi motorist has moved to court seeking to halt the National Transport and Safety Authority’s (NTSA) newly launched automated traffic fines system, arguing that it punishes drivers without affording them a chance to defend themselves in court.
Kennedy Maingi Mutwiri filed a constitutional petition at the High Court’s Constitutional and Human Rights Division on Tuesday, challenging the Instant Traffic Fines Management System introduced by the state transport regulator.
He also lodged an urgent application requesting the court to suspend the system pending the hearing and determination of the case.
The NTSA announced on March 9 that the system had gone live and would automatically detect traffic violations using cameras installed on major roads.
Motorists receive notifications via SMS and are required to pay penalties within seven days. Failure to settle fines within this period attracts interest and may block access to NTSA’s digital services.
In his petition, Mutwiri argues that the automated framework effectively declares drivers guilty of traffic offenses without a judicial trial.
“The system violates the most basic tenets of natural justice by condemning suspected offenders of traffic laws unheard,” he states in his court application.
Court documents describe the system as fully automated, operating without human intervention in detecting offenses and issuing penalties. However, Mutwiri contends that this approach undermines constitutional safeguards governing criminal offenses.
The petition asserts that traffic violations in Kenya are criminal offenses under the Traffic Act and should therefore be adjudicated by courts of law. Mutwiri argues that allowing an automated platform to impose penalties amounts to the executive arm of government performing judicial functions.
“The operationalization of the automated system effectively allows the respondent to determine traffic liability and impose monetary penalties without the involvement or oversight of a court of law,” he says.
Mutwiri further claims that the system presumes guilt by compelling motorists to settle fines swiftly to avoid penalties and service restrictions. Under NTSA’s directive, motorists must pay fines through bank branches within seven days of receiving an SMS notification.
The petition argues that this framework bypasses judicial safeguards, including plea-taking, presentation of evidence, and judicial determination of liability. “The system proceeds on the assumption that an alleged offender is guilty unless they prove otherwise,” Mutwiri contends.
Additionally, the suit alleges that the system violates constitutional rights to a fair trial and fair administrative action by denying motorists a meaningful opportunity to challenge accusations before penalties are imposed.
Mutwiri seeks a court declaration that the instant fines system is unconstitutional and an order prohibiting NTSA from implementing or enforcing it. He also requests the quashing of the public notice introducing the system.
Unless the court intervenes, Mutwiri warns, motorists nationwide risk being subjected to an unlawful administrative penalty regime. “Motorists across the Republic of Kenya will continue to face an unconstitutional administrative penalty framework that undermines the rule of law,” he states.
The case sets the stage for a legal battle over the government’s push to use automated enforcement to curb dangerous driving and improve road safety. In recent years, NTSA has expanded its use of digital systems and surveillance cameras to monitor traffic violations, particularly in Nairobi and other major highways.
The petition and the application for temporary orders await hearing. NTSA and the Attorney General have yet to file their responses.
jwangui@ke.nationmedia.com
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