A Nairobi resident has filed a petition at the High Court seeking to stop the implementation of a newly introduced automated traffic fines system by the National Transport and Safety Authority (NTSA), arguing that it violates constitutional rights and undermines due process. The case, filed before the Constitutional and Human Rights Division of the High Court in Nairobi, was brought by Kennedy Maingi Mutwiri. The petitioner is asking the court to issue conservatory orders suspending the deployment of the Instant Traffic Fines Management System that NTSA announced on March 9, 2026.
How the Automated Fines System Works
According to the court documents, the new system relies on traffic surveillance cameras mounted on major roads in Nairobi. These cameras automatically detect suspected traffic violations and immediately generate fines, which are sent to motorists through SMS notifications. Once the system identifies a violation based on its programming, the penalty is automatically recorded in the alleged offender’s account through the NTSA online portal. Mutwiri argues that the system effectively creates an automated penalty framework without clear legal backing.
Concerns Over Constitutional Rights
In his petition, the Nairobi resident claims that the system introduces administrative penalties for offences that are criminal under the Traffic Act. He maintains that such offences should only be handled through the judicial process. According to the petitioner, motorists accused of traffic violations should be given the opportunity to appear in court, plead to the charges, and challenge the evidence before any penalties are imposed. He further argues that the automated system violates the principles of natural justice by issuing penalties without giving alleged offenders a chance to defend themselves.
Fair Trial and Judicial Oversight
Mutwiri contends that the system infringes on several constitutional protections, including the right to a fair trial. He says the process undermines key safeguards such as the presumption of innocence, the right to be informed of charges in detail, and the right to challenge evidence before an impartial court. The petitioner also claims that by issuing and enforcing fines automatically, NTSA is exercising powers that constitutionally belong to the Judiciary. He argues that the system bypasses important stages of criminal proceedings such as plea taking, presentation of evidence, determination of whether a case exists, conviction, mitigation, and sentencing.
Seven-Day Deadline to Pay Fines
In a supporting affidavit, Mutwiri states that the NTSA notice requires motorists to settle the fines issued through the system within seven days. Failure to do so may lead to additional interest charges and possible restrictions on access to NTSA services. He warns that unless the court intervenes, motorists across the country could be subjected to an administrative penalty regime that may be unconstitutional. Mutwiri is therefore asking the High Court to suspend the implementation and operation of the Instant Traffic Fines Management System until the petition is fully heard and determined.
