By KPC Reporter
The High Court in Nairobi has stepped in to halt the rollout of NTSA’s controversial Instant Fines Traffic Management System.
The court issued a conservatory order that restrains the agency, the State Law Office, and KCB Bank Kenya from enforcing automated traffic penalties.
The order, delivered by Justice Bahati Mwamuye at the Milimani Law Courts, follows a petition filed by Sheria Mtaani and activist Shadrack Wambui, who argue that the system infringes on constitutional rights by relying on algorithmic decision-making without adequate safeguards.
In his ruling, the judge directed that “a conservatory order be and is hereby issued restraining the Respondents and the Interested Party… from issuing, generating, demanding or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems.”
The NTSA introduced the system as part of its drive to modernise traffic enforcement, promising efficiency, reduced corruption, and streamlined compliance.
By linking violations directly to financial institutions, motorists could be fined instantly, with deductions processed automatically.
Yet critics have long warned that such automation risks bypassing due process, leaving citizens with little recourse to challenge errors or wrongful penalties.
Civil society groups have also raised concerns about transparency, data privacy, and the broader implications of allowing artificial intelligence to make decisions that affect fundamental freedoms.
This case is emblematic of a wider debate in Kenya and beyond about the balance between technological innovation and constitutional safeguards.
Lawyer Danstan Omari says that only the courts have a legal mandate to impose fines.
Omari spoke during one of his law sensitization sessions on his platform, Court Helicopter.
Similar controversies have arisen around biometric registration, digital lending, and surveillance technologies, where efficiency is often weighed against fairness and accountability.
The petitioners argue that traffic enforcement, a matter that directly affects livelihoods and mobility, cannot be left to machines without clear human oversight.
The court has now set a timetable for the matter: respondents must file their responses by March 20, with the petitioner allowed to file a rejoinder by March 27.
The case will be mentioned on April 9 to confirm compliance and to chart a path for expedited hearing within ninety days.
The outcome could set a precedent for how Kenya regulates algorithmic governance tools, potentially reshaping the way public agencies deploy technology in service delivery.
In many jurisdictions, speed camera zones are clearly marked with advance warning signs to encourage motorists to slow down and comply with speed limits.
The primary objective is deterrence and improved road safety, not revenue collection.
“Perhaps NTSA should consider adopting a similar approach rather than relying on enforcement methods that appear designed to trap motorists and maximize fine collection instead of promoting safer driving,” argued a concerned Kenyan.