Petitioner challenges NTSA's new instant fines system for lack of legality

The petition, filed by Kennedy Maingi Mutwiri, comes after NTSA announced on March 9, 2026 through its official X (formerly Twitter) account that the new system would be operational. 

The system automatically issues fines to motorists detected violating traffic laws through cameras installed on major roads. 

Notifications are sent via SMS to alleged offenders, and fines are automatically charged to accounts maintained through NTSA’s portal.

The petitioner, argues that the system has no legal foundation and bypasses essential safeguards of justice. He contends that traffic offences under the Traffic Act, Cap 403, are criminal in nature and must be prosecuted through courts, allowing the accused the right to be heard and to challenge evidence. 

Mutwiri asserts that the system presumes liability once a fine notification is issued and requires motorists to pay within seven days, effectively discouraging them from exercising their constitutional right to challenge the allegation before a court.

The petition has detailed several alleged breaches of the law.

He argues that the Instant Traffic Fines System violates the doctrine of separation of powers under Article 159 of the Constitution by assuming judicial functions reserved for courts.

Determining criminal liability and imposing penalties are core judicial responsibilities, which the system, as an administrative tool, cannot lawfully exercise.

The petitioner further contends that the system undermines the right to a fair trial under Article 50 of the Constitution, as it presumes guilt, deprives offenders of a public trial, limits their ability to challenge and adduce evidence, and removes judicial discretion in sentencing.

Article 47 on the right to fair administrative action is also cited, with the petitioner noting that the automated system imposes penalties without providing prior notice, an opportunity to be heard, reasons for decisions, or access to review mechanisms.

According to the petition, the system removes judicial discretion in sentencing, imposing rigid penalties without consideration of mitigating circumstances or the individual circumstances of each case.

This, Mutwiri argues, undermines justice and could result in disproportionate fines.

The petition invokes the jurisdiction of the High Court under Article 165 of the Constitution, which allows the court to determine whether actions taken under the authority of any law are inconsistent with the Constitution and grants supervisory powers over subordinate courts and authorities exercising judicial or quasi-judicial functions.

Mutwiri is seeking a declaration that the Instant Traffic Fines Management System is unconstitutional, null, and void for violating Articles 47, 50, and 159 of the Constitution.

He also requests a declaration that the system violates the doctrine of separation of powers and an order of certiorari to quash NTSA’s public notice introducing the system.

Additionally, the petition seeks an order of prohibition restraining the implementation or enforcement of the system, a declaration that guilt or innocence in traffic offences can only be determined by courts.