The High Court in Nairobi has issued orders restraining the National Transport and Safety Authority from enforcing instant or automated traffic penalties and/or implementing or further implementing the impugned Instant Fines Traffic Management System.
Justice Bahati Mwamuye issued the orders pending the hearing and determination of a case filed by Sheria Mtaani na Shadrack Wambui.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 03/03/2026 [ 10/03/2026], 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,” the judge ruled.
The judge directed the petitioner to serve the Respondents and the Interested Party with the application, petition, and the Court Order in both hardcopy and softcopy immediately and file an affidavit of service in that regard by close of business 13th March 2026.
The case will be mentioned on 9th April 2026 to confirm compliance and to take directions on the expedited hearing and determination of the application and/or petition.
The judge directed that at the mention of the matter, and in addition to confirming compliance, parties and/or counsel shall address the court on their proposals for the expedited hearing and determination of the matter within 90 days of that mention date, if possible.
Sheria Mtaani, through lawyer Danstan Omari, argues that NTSA has implemented an automated instant traffic fines system pursuant to the Traffic (Minor Offences) Rules, 2016, which operates immediately upon detection of an alleged traffic infraction.
The system imposes fines directly on the motorist, directs payments to a designated commercial bank account outside the statutory National Transport and Safety Fund or Judiciary designate accounts, and requires attendance in court regardless of the person’s plea, thereby circumventing the prosecutorial discretion of the Office of the Director of Public Prosecutions
The court heard that the continued operation of this system risks irreparable harm to affected persons, including the imposition of maximum penalties without prior notice, warning, or opportunity to be heard as mandated under Section 50 of the Traffic Act, and undermines constitutionally guaranteed rights to fair administrative action, due process, and the presumption of innocence under Articles 47, 50, and 157 of the Constitution.
Further, the lobby group claims that the system constitutes a decision-making process executed solely by an algorithm, in apparent contravention of Sections 35 and 22 of the Data Protection Act, 2019, which require transparency, provision for human intervention, and safeguards against error or bias.