NAIROBI, Kenya — Motorists across the country have received temporary relief after the High Court of Kenya issued orders suspending the enforcement of instant automated traffic fines generated through digital systems.
In conservatory orders issued Thursday morning, Justice Bahati Mwamuye barred the National Transport and Safety Authority (NTSA) and the Office of the Attorney General from issuing, generating, demanding or enforcing traffic penalties produced through algorithmic or automated decision-making systems.
Constitutional Petition
The orders arise from a constitutional petition filed by the lobby group Sheria Mtaani through its lawyers Danstan Omari and Shadrack Wambui. The petition challenges the legality of the instant fines traffic management system recently rolled out by NTSA.
Justice Mwamuye also directed that KCB Bank Kenya be enjoined in the proceedings as an interested party.
Under the interim orders, the respondents and the interested party are restrained whether acting jointly or separately from implementing or continuing to enforce the automated traffic penalties system until the matter is heard inter partes.
Concerns Over Due Process
According to the petitioner, the automated system imposes penalties immediately once an alleged traffic violation is detected, without prior notice, warning, or human review.
Sheria Mtaani argues that the system violates Articles 47 and 50 of the Constitution of Kenya, which guarantee fair administrative action, procedural fairness and the presumption of innocence.
The petition further states that motorists are required to pay fines within seven days or risk administrative sanctions, including denial of access to NTSA services.
The lobby group contends that the system effectively bypasses the constitutional mandate of the Office of the Director of Public Prosecutions by determining alleged offences and imposing penalties without prosecution before a court of law.
Legal and Data Protection Issues
Sheria Mtaani also argues that the automated system disregards safeguards under the Traffic Act, including the requirement to serve notice to alleged offenders and allow them to be heard before penalties are imposed.
The petition further raises data protection concerns, claiming that the decisions are made entirely by automated algorithms without human oversight. According to the lobby group, this contravenes provisions of the Data Protection Act, 2019, which require transparency in automated decision-making and guarantee individuals the right to request human review.
Additionally, the petition questions the collection of traffic fines through a commercial bank account linked to KCB instead of statutory government accounts, raising concerns about accountability in the handling of public funds.
Court Timelines
Justice Mwamuye directed the petitioner to immediately serve the respondents and the interested party with the petition, application and court orders, and file an affidavit of service by March 13, 2026.
The respondents and the interested party have until March 20, 2026 to enter appearance and file their responses. The petitioner may then file a rejoinder by March 27, 2026 if necessary.
The matter will be mentioned on April 9, 2026, when the court will confirm compliance and give further directions on the expedited hearing and determination of the application and the main petition.
The case is expected to have significant implications for digital enforcement of traffic laws and automated government systems in Kenya.
