DNK International By Our Reporter,Nairobi.
A Nairobi resident has moved to the High Court seeking to stop the implementation of a newly introduced automated traffic fines system by the National Transport and Safety Authority (NTSA), arguing that it violates constitutional rights and due process.
In a petition filed before the Constitutional and Human Rights Division in Nairobi, Kennedy Maingi Mutwiri is seeking conservatory orders to suspend the deployment of the Instant Traffic Fines Management System announced by NTSA on March 9, 2026.
Mutwiri contends that the system, which “relies on traffic cameras installed on major roads in Nairobi, automatically detects alleged traffic violations and issues instant fines to motorists via SMS notifications.”
According to court documents, once the system detects a violation based on its programming, it immediately sends a fine notification to the alleged offender’s mobile phone and records the penalty in the individual’s account maintained through the NTSA portal.
The petitioner argues that the system has “no legal foundation and unlawfully introduces an automated penalty regime for offences that are criminal in nature under the Traffic Act.”
He states that traffic offences should be prosecuted in a court of law where an accused person is given an opportunity to plead to the charges and challenge the evidence before any determination of guilt or imposition of a fine is made.
Mutwiri claims the automated system violates the principles of natural justice by condemning alleged offenders without giving them a chance to be heard.
In his application, he argues that the system “infringes the constitutional right to a fair trial, including the presumption of innocence, the right to be informed of charges with sufficient detail, the right to a public hearing before a court, and the right to challenge evidence.”
He further argues that by issuing and enforcing fines without judicial oversight, the NTSA is effectively exercising powers that are reserved for the Judiciary under the Constitution.
The petitioner also claims the system bypasses critical safeguards in criminal proceedings such as plea taking, presentation and testing of evidence, determination of whether a case exists to answer, conviction, mitigation, and sentencing.
According to Mutwiri, the system appears to assume guilt on the part of motorists unless they prove otherwise, while providing no clear avenue for appeal.
In a supporting affidavit, he states that the NTSA public notice indicates motorists must settle fines issued through the system within seven days, failing which interest may accrue and access to NTSA services could be restricted.
Mutwiri argues that unless the court intervenes and suspends the system, motorists across the country risk being subjected to an unconstitutional administrative penalty regime.
He is now asking the High Court to issue conservatory orders stopping NTSA from deploying or continuing to operate the Instant Traffic Fines Management System pending the hearing and determination of the case.
[DNK-International@March 10,2026]
