A High Court judge in Nairobi has declined to temporarily halt Kenya’s new automated traffic fines system, allowing authorities to continue rolling it out while a legal challenge proceeds.
The case centres on a petition filed by a motorist seeking to stop the digital enforcement system introduced by the National Transport and Safety Authority.
The petitioner argued that the system — which detects traffic offences using cameras and sends penalties directly to motorists — violates constitutional rights by allowing drivers to be fined without appearing before a court.
The High Court, however, declined to issue a conservatory order suspending the programme.
Instead, the judge directed that the case proceed through the normal legal process. The petition must now be served on the respondents, and the matter will be mentioned again on April 9 for further directions.
The suit names the National Transport and Safety Authority as the first respondent and the Office of the Attorney General as the second.
Constitutional concerns raised
In court filings, the petitioner argued that the instant fines system bypasses the judiciary and undermines protections guaranteed under the Constitution of Kenya 2010.
According to the petition, the automated platform allows authorities to impose penalties and even charge interest on unpaid fines without giving motorists an opportunity to defend themselves in court.
“The system is a veiled attempt at limiting the right to a fair trial under Article 50 of the Constitution,” the petitioner said in documents submitted to the court.
The suit further claims that motorists accused of offences should have the right to appear before a magistrate, enter a plea, challenge evidence and present their defence.
The petitioner also cited Article 47 on fair administrative action and Article 159, which outlines the role of the courts in exercising judicial authority.
Government’s new enforcement approach
The instant fines system forms part of a broader push by authorities to enforce traffic rules more consistently.
Under the programme, surveillance cameras installed on major roads detect offences such as speeding or lane violations. Drivers or vehicle owners then receive SMS notifications detailing the offence and the amount payable.
Motorists are typically required to settle the fines within a set period through approved payment platforms.
Officials say the technology will help reduce dangerous driving and improve road safety, though some motorists and legal experts have questioned how disputes over penalties will be handled.
Case set to continue
The High Court’s decision does not determine whether the system is constitutional. Instead, it means the programme will remain in place while the legal challenge is heard.
When the matter returns to court in April, judges are expected to consider whether the digital enforcement framework aligns with Kenya’s legal protections and the established role of the judiciary.
For now, motorists across the country remain subject to the new system.