A Nairobi resident petitioned the High Court to declare the National Transport and Safety Authority’s (NTSA) newly launched Instant Traffic Fines Management System unconstitutional, arguing that it unlawfully usurps the powers of the judiciary and violates the right to a fair trial.
In the petition, Kennedy Maingi Mutwiri, through the firm Jama Munene Kyalo Advocates LLP, sued NTSA and the Attorney General.
Simultaneously, the petitioner filed a Notice of Motion seeking urgent conservatory orders to suspend the system’s operation pending the hearing and determination of the main petition.
The suit comes just a day after NTSA announced the system was “live” via its official X account (formerly Twitter) on March 9, 2026.
According to the public notice annexed to the court documents, the system is “fully automated and operates without human intervention,” issuing traffic violation notifications via SMS and requiring payment within seven days through KCB Group branches.
Failure to pay results in accrued interest and restrictions on accessing NTSA services .
In the petition, Mutwiri contended that traffic violations under the Traffic Act are criminal offences, and the determination of criminal liability is a function constitutionally vested in courts established under Article 159 of the Constitution.
The petitioner argued that by implementing a system that automatically issues fines without judicial involvement, the executive arm of government is effectively determining criminal liability and imposing penalties.
The petition alleged that the system bypasses fundamental safeguards of criminal adjudication, including plea-taking, the adducing and challenging of evidence, and sentencing.
“The said System creates a presumption of guilt against motorists once a fine notification is issued and coerces motorists to settle the fine within seven (7) days to avoid penalties or administrative restrictions,” part of the petition reads.
The petitioner argued this framework directly violates Article 50(2)(a) of the Constitution, which guarantees the presumption of innocence.
He further contended that it undermines the right to a fair trial by effectively discouraging motorists from exercising their right to challenge the allegations in court.
The petitioner also argued that the system offends Article 47 of the Constitution, which guarantees the right to fair administrative action.
The court documents stated that procedural fairness requires that a person be given an opportunity to be heard before a penalty takes effect, a principle the automated system allegedly ignores.
“The instant fine system imposes penalties automatically without affording motorists a meaningful opportunity to be heard before the penalties take effect. This violates the principles of natural justice,” says Mutwiri.
The petitioner further contended that the system eliminates judicial discretion in sentencing, imposing rigid penalties without regard to the individual circumstances of each case, which could result in disproportionate penalties.
Through the Notice of Motion, the applicant is urgently seeking a conservatory order stopping NTSA from the continued deployment of the Instant Fine Management System pending the hearing of the application inter partes.
He’s also seeking a conservatory order stopping the system pending the hearing and determination of the main Petition.
In the petition, Mutwiri prayed for several declarations, including that the Instant Traffic Fines Management System is unconstitutional, null, and void.
He also sought orders of Certiorari to quash the public notice introducing the system and orders of Prohibition to restrain the Respondents from implementing or enforcing it.
Mutwiri, in his supporting affidavit, said unless the court intervenes, motorists across Kenya will continue to be subjected to “an unconstitutional administrative penalty framework which undermines the rule of law and the constitutional guarantees of due process.”
NTSA said the system is now operational and will automatically send traffic violation notifications via SMS to motorists who breach road regulations.
According to NTSA, the process is fully automated and operates without human intervention, a move aimed at improving transparency, efficiency, and accountability in traffic enforcement.
Motorists who receive notifications will be required to pay the fines within seven days through the branch network of KCB Group.
Failure to settle the fines within the stipulated period will result in the accrual of interest on the outstanding amount. Additionally, any vehicle or driver with an unpaid fine will be blocked from accessing services on NTSA platforms until the penalty is cleared.
NTSA has advised motorists to adhere to traffic regulations and respond promptly to any official notifications sent through the system.
The authority said further details on the implementation of the new system will be communicated through official government channels.
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