Driver seeks court suspension of NTSA instant fines

A Nairobi motorist has filed a petition in the High Court challenging the National Transport and Safety Authority’s (NTSA) recently implemented Instant Traffic Fines Management System. The petitioner argues the system infringes on drivers’ rights by imposing penalties without allowing them a chance to defend themselves in court.

Kennedy Maingi Mutwiri initiated the legal action, seeking both a declaration that the system is unconstitutional and a temporary suspension pending a full hearing.

System Overview

The NTSA launched the Instant Traffic Fines Management System on March 9. The system utilizes cameras installed on major roads to automatically detect traffic violations. Motorists receive notifications via SMS and are required to pay penalties within seven days; failure to do so results in interest and potential restrictions on access to NTSA’s digital services.

Constitutional Arguments

Mutwiri’s petition asserts that the automated system violates principles of natural justice by presuming guilt and imposing penalties without a judicial trial. Court documents describe the system as fully automated, operating without human intervention in offense detection and penalty issuance. The petitioner contends this approach undermines constitutional safeguards related to criminal offenses.

The petition argues that traffic violations in Kenya are criminal offenses under the Traffic Act and should be adjudicated by courts of law. Allowing an automated platform to impose penalties, according to Mutwiri, constitutes the executive branch performing judicial functions.

Allegations of Presumed Guilt and Bypassing Judicial Safeguards

The system compels motorists to pay fines quickly to avoid penalties and service restrictions, which Mutwiri claims presumes guilt. Motorists are directed to pay fines through bank branches within seven days of receiving an SMS notification. This framework, the petition states, bypasses judicial safeguards such as plea-taking, evidence presentation, and judicial determination of liability.

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.

Requested Court Actions

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.

Potential Impact and Ongoing Proceedings

The petitioner warns that without court intervention, motorists nationwide risk being subjected to an unlawful administrative penalty regime. The case is anticipated to address the government’s broader efforts to use automated enforcement to improve road safety. The petition and application for temporary orders are currently awaiting hearing, and NTSA and the Attorney General have not yet filed responses.