DNK International A Milimani Court has temporarily stopped the implementation of the automated instant traffic fines system introduced by the National Transport and Safety Authority (NTSA), pending the hearing and determination of a constitutional petition challenging the programme.
In orders issued by Justice Bahati Mwamuye on Thursday said the court barred NTSA, the State Law Office and KCB Bank Kenya from issuing, generating, demanding or enforcing instant traffic penalties through the Instant Fines Traffic Management System.
“Pending the inter partes hearing and determination of the application, a conservatory order is hereby issued restraining the Respondents and the Interested Party from issuing, generating, demanding or enforcing instant or automated traffic penalties,” Justice Mwamuye ordered.
The orders followed a petition filed at the Milimani High Court by Nairobi resident Kennedy Maingi Mutwiri, who is challenging the legality of the automated system announced by NTSA on March 9, 2026.
Mutwiri argues that the system relies on traffic cameras installed on major roads to automatically detect alleged violations and issue instant fines to motorists through SMS notifications.
According to the petition, once a violation is detected, the system immediately sends a fine notification to the alleged offender’s phone and records the penalty in the individual’s account on the NTSA portal.
However, 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.
“The automated system violates the principles of natural justice by condemning alleged offenders without giving them a chance to be heard,” Mutwiri says s in court documents.
He argues that traffic offences must be prosecuted in court, where an accused person has the opportunity to plead to the charges and challenge the evidence before any penalty is imposed.
He claims the system infringes on constitutional rights including the presumption of innocence and the right to a fair trial.
In the meantime, the court directed the petitioner to serve the respondents with the petition and application by March 13, 2026.
The respondents are expected to file their responses by March 20, while the petitioner may file a rejoinder by March 27.
The case will be mentioned on April 9, 2026 to confirm compliance and give directions on the expedited hearing of the petition.
