Court Halts NTSA’s Instant Automated Traffic Fines

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 of Kenya 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 lawyers Danstan Omari and Shadrack Wambui, who challenged the legality of the instant traffic fines system introduced by NTSA.

Justice Mwamuye also directed that KCB Bank Kenya be included in the case as an interested party.

In the interim ruling, the court prohibited the respondents and the interested party from implementing or continuing the automated traffic penalties system until the application is fully heard and determined.

The petitioner argues that the automated system imposes penalties immediately after detecting an alleged traffic offence without prior notice, warning, or human review.

According to Sheria Mtaani, the system violates Articles 47 and 50 of the Constitution of Kenya, which guarantee fair administrative action, procedural fairness, and the presumption of innocence.

The lobby group says motorists are forced to pay fines within seven days or risk administrative sanctions, including denial of access to essential NTSA services.

They also argue that the system bypasses the constitutional role of the Office of the Director of Public Prosecutions by determining offences and imposing penalties without prosecution before a court of law.

Additionally, the petition claims the automated system ignores safeguards provided under the Traffic Act of Kenya, including requirements to issue notices and give alleged offenders a chance to be heard.

Sheria Mtaani further argues that the system automatically treats registered vehicle owners as offenders, even if they were not the drivers at the time of the alleged violation.

Concerns were also raised about data protection. The petitioner says the system relies entirely on automated algorithms without human intervention, which may violate the Data Protection Act of 2019 (Kenya), which requires transparency and allows individuals to request human review of automated decisions.

The group also questioned why traffic fines were being collected through a commercial bank account linked to KCB Bank Kenya instead of official government accounts, raising concerns about accountability in handling public revenue.

Justice Mwamuye directed the petitioner to serve the respondents and the interested party with the petition and court orders by March 13, 2026.

The respondents have until March 20, 2026, to file their responses, while the petitioner may submit 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 of both the application and the main petition.