Relief for private car owners as High Court suspends NTSA's annual inspection rule

The High Court has suspended the National Transport and Safety Authority's (NTSA) mandatory annual inspection for privately owned, non-commercial vehicles.

Justice Francis Kyambia issued the conservatory orders after a case was lodged challenging the new directive requiring annual mandatory inspection of such vehicles. The court said the suspension will remain in force until June 22, 2027.

Justice Francis Kyambia issued a conservatory order suspending the operation and enforcement of the Traffic (Motor Vehicle Inspection) Rules insofar as they apply to non-commercial vehicles.

In directions issued on Wednesday afternoon, the High Court in Kiambu noted that the conservatory orders granted shall remain in force until June 22, 2027, when the application will come up for an inter partes hearing.

Among the suspended provisions are key inspection requirements that mandated annual tests for public service vehicles, commercial vehicles, driving school vehicles, and government vehicles, as well as procedures and timelines for vehicles that fail inspection, including defect re-inspection processes.

Also suspended are penalties and the impounding of vehicles for lacking valid inspection certificates.

The petitioner has now been given seven days to formally serve the petition, the notice of motion, and the court order on all respondents, while NTSA and the Cabinet Secretary for Roads and Transport have been given 14 days from the date of service to file their responses and submissions to the petition.

The inspection measures have sparked an uproar, with a total of four petitions filed challenging the new road safety measures.