The High Court has temporarily stopped the National Transport and Safety Authority (NTSA) from issuing instant fines generated through speed cameras mounted along Kenyan highways.
In conservatory orders issued on March 12, 2026, Bahati Mwamuye, sitting at the Milimani Law Courts, restrained the National Transport and Safety Authority and other parties from generating, issuing, demanding, or enforcing automated traffic penalties through algorithm-based systems.
The ruling comes after a constitutional petition filed by Sheria Mtaani and Shadrack Wambui against the Office of the Attorney General, NTSA and other respondents.
Court Blocks Automated Traffic Penalties
According to the court order, the judge issued a conservatory order restraining the respondents and any associated agencies from implementing the controversial Instant Fines Traffic Management System pending the hearing of the petition.
The directive specifically bars authorities from issuing or enforcing instant traffic penalties produced through automated or algorithmic decision-making systems, including those generated by speed cameras installed along highways.
The orders remain in force until the court hears and determines the application challenging the system.
The petitioners have been directed to serve all respondents and the interested party with the application, petition and court order by March 13, 2026.
In turn, the respondents are expected to enter appearance and file their responses by March 20, 2026. The petitioners may then file a rejoinder, if necessary, by March 27, 2026.
Case Set for Mention in April
The matter will be mentioned on April 9, 2026 at the Milimani Law Courts to confirm compliance and provide directions on the expedited hearing of the case.
During the mention, parties will also present proposals for the court to hear and determine the petition within 90 days if possible.
The case is expected to shape the legal framework surrounding the use of automated traffic enforcement systems in Kenya, particularly the legality of instant fines issued through speed cameras and algorithm-based monitoring technologies.
About the Author
