High Court suspends NTSA smart driving licence, automated fines system

Motorists have received temporary relief after the High Court suspended the implementation of the National Transport and Safety Authority's (NTSA) smart driving licence programme and automated traffic fines system pending the hearing and determination of a constitutional petition challenging the project.

Justice Dennis Kizito issued conservatory orders halting the implementation of a 21-year Public-Private Partnership (PPP) agreement between NTSA and Pesa Print Limited, which was set to facilitate the rollout of second-generation smart driving licences and an automated traffic enforcement system.

The court's decision followed a petition filed by the Road Safety Association of Kenya (RSAK), which raised concerns over the legality and constitutionality of the partnership.

"The implementation of the Public-Private Partnership between NTSA and Pesa Print Limited consortium relating to smart driving licences, automated traffic fines and associated services has been suspended," the Kerugoya court ruled.

The orders effectively freeze the June 1, 2026 rollout of the programme, which would have introduced new smart driving licences linked to an automated traffic management and enforcement system.

Under the proposed arrangement, motorists were to pay Ksh.3,050 for the new smart driving licences, with Pesa Print responsible for card design and printing while KCB Bank was to manage enrolment and registration services.

A key component of the project involved the deployment of 1,000 traffic surveillance cameras across the country, including 700 fixed cameras and 300 mobile units, to detect traffic violations and facilitate automated enforcement.

The judge certified the matter as urgent and directed the respondents to file their responses within ten days. The case is scheduled for mention on June 21, 2026.

The petition names NTSA, the Public Private Partnership Committee, the Directorate of Public Private Partnerships, the Cabinet Secretary for the National Treasury and Economic Planning, and the Attorney General as respondents. Pesa Print Limited and KCB Bank Kenya Limited have been listed as interested parties.

Court documents indicate that the petitioners are questioning the manner in which the PPP was formulated and awarded.

Among the issues raised is the direct procurement of Pesa Print Limited, which the petition claims had previously been flagged in an Auditor General's report relating to an earlier smart driving licence contract that allegedly resulted in losses without delivery of the expected licences.

The latest court action adds to ongoing legal challenges surrounding the government's efforts to automate traffic law enforcement.

Earlier this year, the High Court separately suspended the implementation of NTSA's instant automated traffic fines system following petitions questioning its legality and compliance with constitutional safeguards.

The government had promoted the new smart driving licence programme as part of broader efforts to modernise road safety management, enhance traffic law enforcement and digitise driver records through integrated technology systems.

The conservatory orders will remain in force until the court hears and determines the petition.