Editor's Review

Deputy President Kithure Kindiki has urged the judiciary to reconsider its decision halting the implementation of the National Transport and Safety Authority (NTSA) instant fines system.

Deputy President Kithure Kindiki has urged the judiciary to reconsider its decision halting the implementation of the National Transport and Safety Authority (NTSA) instant fines system. 

In a statement on Tuesday, April 7, Kindiki stressed that the government’s new traffic enforcement measures were introduced as a response to increasing fatalities on Kenyan roads.

"To suppress the escalation of road fatalities and improve safety on the roads, the Government last month introduced far-reaching enforcement measures," he said.

Kindiki explained that the measures include the use of technology and stricter penalties aimed at deterring reckless driving.

"Cameras on the roads to check on speeding, instant fines for motorists contravening traffic laws, and painful demerits on drivers and motor vehicle owners causing death and injury by violating traffic laws," he added.

Kindiki expressed concern that the court’s intervention has stalled the rollout of these measures at a critical time when the government is seeking to reduce accidents.

"Unfortunately the courts issued an injunction against the implementation of these measures a couple of weeks ago," he further said.

File image of the Milimani Law Courts

Kindiki has now called for a balance between legal processes and public safety, urging the judiciary to allow the measures to proceed even as the case continues.

"The Government appeals to the judiciary to lift the interim orders or otherwise allow implementation of these measures even as the litigation continues on the merits at the hearing," he concluded.

On Thursday, March 12, the High Court issued conservatory orders temporarily blocking NTSA from enforcing the instant fines traffic management system.

Justice Bahati Mwamuye issued the orders following a petition filed by lawyer Shadrack Wambui.

The High Court Judge directed NTSA and other parties to halt the enforcement of the instant fines traffic management system pending hearing and determination of the petition.

"A conservatory order be and is hereby issued restraining the respondents and the interested party, both jointly and severally, and whether by themselves, their officers, agents, related entities, or any person acting under their authority or together with them in a multi-agency framework, from: issuing, generating, demanding, or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems, and/or implementing or further implementing the impugned Instant Fines Traffic Management System," read the order.

Mwamuye also directed the petitioner to serve the respondents and interested party with the application, petition, and the court order in both hardcopy and softcopy immediately, and file an affidavit by Friday, March 13.

The case will be mentioned on April 9, 2026, to confirm compliance.