Court bars NTSA from enforcing instant fines

The High Court of Kenya has temporarily stopped the enforcement of the recently launched instant traffic fines system introduced by the National Transport and Safety Authority (NTSA).

Justice Bahati Mwamuye issued conservatory orders suspending the implementation of the system following a petition filed by lawyer Shadrack Wambui, who is challenging its legality.

In the case, Wambui argues that the instant fines framework may violate due process and motorists’ constitutional rights by allowing penalties to be issued and enforced without adequate legal safeguards.

The orders mean that NTSA and other enforcement agencies cannot implement or enforce the instant fines system until the court hears and determines the petition.

The instant fines system had been introduced as part of efforts by NTSA to strengthen road safety enforcement and improve compliance with traffic regulations by allowing motorists who commit offences to pay fines immediately rather than undergoing lengthy court processes.

However, critics have raised concerns over transparency, accountability and the potential for abuse if the system is implemented without clear legal frameworks and oversight.

The High Court will now consider the arguments presented in the petition before determining whether the instant fines system can proceed or requires further legal and regulatory review.