Urgent Petition Filed to Halt NTSA Vehicle Inspection Rules Ahead of July Rollout

A Nairobi lawyer has moved quickly to block the rollout of new motor vehicle inspection regulations just days before they take effect.

Charles Mugane filed a constitutional petition under certificate of urgency at the Milimani High Court on Monday. He targets the Traffic (Motor Vehicle Inspection) Rules, 2026, published via Legal Notice No. 13 of 2026.

Mugane argues the rules violate constitutional requirements for public participation and fair administrative action. He wants the court to declare the gazette notice unconstitutional and quash the regulations entirely.

The petition names the National Transport and Safety Authority and the Attorney General as respondents. It includes the Law Society of Kenya, Katiba Institute and Kenya Human Rights Commission as interested parties.

Under the rules, privately owned and government vehicles more than four years old from the date of manufacture face annual mandatory inspections starting July 1. The measures also introduce fees collected through the eCitizen platform.

Mugane contends the regulations were introduced without meaningful public consultation. He describes the process as opaque and contrary to constitutional principles.

The lawyer further challenges the inspection fees as exorbitant and unclear in how they were determined. He objects to the criminal penalties, which include fines up to Sh20,000 or imprisonment for up to six months.

In court papers, Mugane claims the rules amount to a revenue collection drive disguised as a road safety initiative. He says motorists have a legitimate expectation that government agencies will protect rather than burden citizens.

The petition seeks immediate suspension of the gazette notice and a bar on NTSA implementing the rules until the case is heard and determined. Failure to act before July 1, he warns, would expose motorists to unconstitutional enforcement.

This latest challenge comes amid ongoing public debate over the new requirements. Earlier attempts by NTSA to introduce similar measures faced legal hurdles and Senate concerns over public participation.

The case is pending directions on the urgency application at the High Court.

Vehicle inspections have long formed part of efforts to improve roadworthiness, particularly for commercial and public service vehicles. Extending them to private cars marks a significant shift in regulatory approach for Kenya's growing vehicle fleet.

Critics argue the timing adds pressure on motorists already navigating high fuel costs and living expenses. Proponents maintain stricter checks help reduce accidents on Kenyan roads.

Mugane's petition underscores broader questions about how transport authorities balance safety goals with administrative fairness and public engagement. The outcome could shape future regulatory processes in the sector.