A petitioner has moved to court seeking orders restraining the National Transport and Safety Authority from the continued deployment of the Instant Fine Management System published through its Public Notice of 9th March 2026 in its social media and electronic media.

Kennedy Maingi Mutwiri argues that the decision by NTSA to implement a system that automatically issues fines without the involvement of the judiciary effectively allows the Executive arm of government to determine criminal liability and impose penalties.

The Petitioner further states that the said system creates a presumption of guilt against motorists once a fine notification is issued and coerces motorists to settle the fine within seven (7) days to avoid penalties or administrative restrictions.

“The said system violates the constitutional rights of motorists including the right to a fair trial under Article 50, the right to fair administrative action under Article 47, usurpation of judicial authority under Article 159 and the doctrine of separation of power as established by Article 129 of the Constitution,” Mutwiri claims.

Mutwiri avers that traffic violations under the Traffic Act in Kenya are criminal offences governed by law and that the determination of criminal liability is constitutionally vested in courts established under Article 159 of the Constitution.

“The said system bypasses fundamental safeguards inherent in criminal adjudication including plea taking, adducing and challenging of evidence, determination on case to answer, conviction, mitigation and sentencing,” the petitioner said.

In the public notice, NTSA announced that the System would automatically issue traffic violation notifications via SMS to motorists and require payment of the alleged fines within seven (7) days.

The Notice further indicates that the system is fully automated and operates without human intervention and that failure to pay the fines within the stipulated period would result in the fines attracting interest.

Further, under the system motorists with pending fines would be restricted from accessing services on the NTSA platforms until the fines are settled.