Court Petition Challenges NTSA’s Instant Traffic Fines System Over Legality and Fairness

A petition has been filed in court challenging the National Transport and Safety Authority’s (NTSA) newly announced Instant Traffic Fines Management System, citing concerns over legality, fairness, and constitutional rights, and seeking urgent intervention to halt its implementation.

The petition, filed by Kennedy Maingi Mutwiri, follows NTSA’s March 9, 2026 announcement on its official X (formerly Twitter) account that the automated fines system would soon be operational.

The system automatically issues fines to motorists detected violating traffic laws through cameras installed on major roads. Notifications are sent via SMS, and fines are automatically charged to accounts maintained on NTSA’s portal.

Mutwiri argues that the system has no legal foundation and bypasses essential safeguards of justice. He points out that traffic offences under the Traffic Act, Cap 403, are criminal in nature and must be prosecuted through courts, allowing the accused the right to be heard and to challenge evidence.

According to the petition, the system:

• Presumes liability once a fine notification is issued, requiring motorists to pay within seven days.
• Violates the doctrine of separation of powers under Article 159 by assuming judicial functions.
• Undermines the right to a fair trial under Article 50 by depriving offenders of public hearings and judicial discretion.
• Contravenes Article 47 on fair administrative action by imposing penalties without notice, reasons, or review mechanisms.

Mutwiri contends that the system imposes rigid penalties without considering mitigating circumstances, risking disproportionate fines.

The petition seeks a declaration that the Instant Traffic Fines System is unconstitutional, null, and void, and an order restraining NTSA from implementing or enforcing it. It also calls for the recognition that guilt or innocence in traffic offences can only be determined by courts.