Motorists across Kenya have received temporary relief after the High Court stopped the enforcement of the National Transport and Safety Authority’s newly introduced instant traffic fines, a system that had triggered intense debate among drivers and legal experts.
Justice Bahati Mwamuye issued a conservatory order barring the National Transport and Safety Authority and its agents from issuing or demanding penalties generated through algorithm-based systems. The order will remain in force until the court determines a petition filed by lawyer Shadrack Wambui challenging the legality of the programme.
In his ruling, the judge emphasised that traffic penalties must follow established legal procedures and should not be imposed through automated decision-making without clear legal backing.
He noted that enforcement measures affecting motorists must remain firmly grounded in due process and existing traffic laws.
The decision effectively suspends NTSA’s Instant Fines Traffic Management System, which had been introduced as part of efforts to streamline traffic enforcement and curb violations on Kenyan roads. Under the system, motorists could be issued penalties immediately after a traffic offense was detected.
The initiative had been promoted as a way to reduce corruption and improve efficiency in traffic enforcement. However, critics argued that the system raised serious legal and constitutional questions, particularly concerning the right of motorists to challenge accusations before a court of law.
With the High Court order now in place, motorists accused of traffic violations will continue to be prosecuted through the conventional traffic court process until the case is fully heard and determined.
The petition before the court is expected to test the balance between technological innovation in law enforcement and the constitutional requirement that penalties be imposed through procedures clearly defined by law.
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