Motorists have received temporary relief after the High Court of Kenya suspended the enforcement of automated instant traffic fines introduced by the National Transport and Safety Authority.
In conservatory orders issued on Thursday, Justice Bahati Mwamuye barred NTSA and the Office of the Attorney General from issuing, generating, demanding or enforcing traffic penalties produced through automated or algorithm-based decision-making systems.
The orders were issued following a constitutional petition filed by lobby group Sheria Mtaani through lawyers Danstan Omari and Shadrack Wambui challenging the legality of the instant traffic fines system rolled out by NTSA.
The court also directed that KCB Bank Kenya be enjoined in the proceedings as an interested party.
Pending the hearing of the case, the judge barred NTSA, the Attorney General and KCB from implementing or continuing to enforce the automated traffic penalty system.
Sheria Mtaani argues that the system imposes fines immediately after detecting alleged traffic violations without prior notice, warning or human review.
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The lobby group says the system violates Articles 47 and 50 of the Constitution, which guarantee fair administrative action, procedural fairness and the presumption of innocence.
According to the petition, motorists are required to pay fines within seven days or risk administrative sanctions, including denial of access to essential NTSA services.
The group further argues that the automated system bypasses the constitutional mandate of the Office of the Director of Public Prosecutions by determining offences and imposing penalties without prosecution in a court of law.
Sheria Mtaani also contends that the system disregards safeguards under the Traffic Act, including the requirement to issue notices and allow alleged offenders an opportunity to be heard.
The petition additionally raises concerns over data protection, stating that decisions are made solely through automated algorithms without human intervention, contrary to the Data Protection Act, 2019 which guarantees transparency and the right to human review in automated decision-making.
The lobby group has also questioned the collection of traffic fines through a commercial bank account linked to KCB instead of statutory government accounts, arguing that the arrangement raises accountability concerns over the handling of public revenue.
Justice Mwamuye directed the petitioner to serve the respondents and the interested party with the petition and court orders by March 13, 2026.
The respondents have until March 20, 2026, to enter appearance and file their responses, while the petitioner may file a rejoinder by March 27 if necessary.
The matter will be mentioned on April 9, 2026, to confirm compliance and give further directions on the expedited hearing of the case.
