The High Court has issued orders temporarily halting the implementation of National Transport and Safety Authority’s newly introduced instant fines, which have sparked mixed reactions among motorists.
Justice Bahati Mwamuye issued a conservatory order preventing NTSA from enforcing the automated system while a case filed by lawyer Shadrack Wambui challenging the directive is pending.
“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” Justice Mwamuye stated.
The ruling effectively bars NTSA and associated parties from issuing, generating, or enforcing instant traffic penalties through algorithmic or automated decision-making systems linked to the Instant Traffic Management System.
The court also addressed concerns over the selection of a single bank to receive the fines, enjoining the bank as an interested party in the proceedings with immediate effect.
Furthermore, Justice Mwamuye directed the petitioner, who had filed the case together with the lobby group Sheria Mtaani, to serve the respondents—including the State Law Office and NTSA—with the petition and court orders immediately. The petitioner is also required to file an affidavit confirming compliance by close of business on Friday, March 13.
The decision marks a temporary pause on the rollout of the instant fines system, which had generated debate among motorists over its automated enforcement methods and concerns about transparency in the handling of penalties.
