Kenya Law Reform Commission and NTSA Plan Major Overhaul of Minor Traffic Offences

The Kenya Law Reform Commission (KLRC) and the National Transport and Safety Authority (NTSA) are working on a new legal framework that could see motorists who commit minor traffic offences avoid arrest, prosecution and criminal court proceedings.

In a statement on Tuesday, KLRC said it is providing technical assistance to NTSA in a law reform initiative aimed at decriminalizing minor traffic offences and transitioning them from the criminal justice system to an administrative enforcement framework.

Under the proposed changes, persons who commit designated minor traffic infractions will no longer be arrested or charged in court. NTSA will administer prescribed penalties through a structured administrative process.

The exercise will also identify and classify minor traffic offences and assign appropriate penalties for each infraction as part of the broader effort to streamline enforcement procedures.

To safeguard the right to a fair hearing under Article 50(1) of the Constitution, disputes arising from the imposition of administrative penalties will be handled by an independent tribunal.

KLRC said the proposed reforms are expected to improve the efficiency of traffic law enforcement, facilitate the timely resolution of minor traffic offences and reduce the burden on courts by reserving judicial processes for more serious offences.

The commission added that the initiative seeks to support the implementation of Article 159(2)(b) of the Constitution, which calls for disputes to be resolved expeditiously and without unnecessary delay.

The proposal builds on a framework introduced by NTSA on June 1, 2026, allowing motorists accused of certain traffic offences to settle prescribed fines without immediately appearing in court.

The framework was developed jointly with the Office of the Attorney General, the National Police Service, the Office of the Director of Public Prosecutions and the Judiciary following a review of the previous enforcement model.

Traffic cameras and digital monitoring systems installed along roads will automatically capture offences and relay the information to enforcement authorities without the need for a physical stop in many cases.

This means motorists may be cited even without direct interaction with a police officer. The government is urging motorists to update their contact details in the NTSA systems to avoid missing important notifications.

“The primary objectives of this framework are to enhance road safety for all users, increase compliance with traffic laws, reduce congestion in traffic courts, and promote transparency, accountability and efficiency in traffic enforcement,” NTSA said.

Thousands of minor traffic offences end up in court every year, contributing to congestion in the justice system and delaying the resolution of many cases that require attention.

For decades, a traffic offence in Kenya often meant a roadside confrontation with police, a court summons, long queues at traffic courts and in many cases lost time and productivity for motorists.

The new model is intended to ensure that court resources are reserved for serious traffic crimes while straightforward minor offences are resolved through the administrative route instead of judicial proceedings.

Motorists who receive a notification for a minor offence can pay the prescribed fine to admit responsibility or dispute the allegation and have the matter determined by a court.

Supporting evidence, including photographs and video recordings captured by enforcement systems, would be made available to the motorist. Failure to respond could lead to more severe penalties.

The framework also revives the use of demerit points on drivers’ licences for certain offences. A motorist who repeatedly commits traffic offences may accumulate points that could eventually lead to suspension or cancellation of the licence.