Petition filed to block implementation of NTSA's new inspection rules

The petitioner, through Mugane Law LLP, has asked the court to issue conservatory orders suspending Kenya Gazette Legal Notice No. 13 of 2026, which published the new regulations, pending the hearing and determination of the case.

The application also seeks orders barring the National Transport and Safety Authority (NTSA) from implementing or enforcing the new motor vehicle inspection rules until the petition is heard and determined.

According to court documents, the petitioner argues that the process leading to the enactment of the regulations failed to meet constitutional and statutory requirements, particularly the principle of public participation as provided under Article 10 of the Constitution.

The petitioner contends that the rules were passed unilaterally and are therefore unconstitutional, null and void, for allegedly violating various constitutional provisions, including those relating to the rule of law, democracy, public participation and fair administrative action.

The application further states that failure to grant the conservatory orders would occasion irreparable harm to the public and that it is in the public interest to suspend the implementation of the regulations pending the court's determination.

The High Court is expected to issue directions on the application and determine whether the implementation of the new motor vehicle inspection rules should be temporarily halted.

In the new rules, motorists are required to subject their vehicles to mandatory annual inspections.

Under the Traffic (Motor Vehicle Inspection) Rules, 2026, all privately owned and government vehicles older than four years from the date of manufacture will be required to undergo an inspection test once every year.

The new regulations will also apply to Public Service Vehicles (PSVs), school vehicles, locally assembled vehicles, vehicles involved in accidents and vehicles that have undergone structural or mechanical modifications.