NTSA Wants Case Challenging Rollout of Instant Traffic Fines Withdrawn

The National Transport and Safety Authority has asked the High Court to rule that continuing with the case challenging the rollout of its Instant Fines Management System would amount to an academic exercise. The authority believes it would also represent an unnecessary use of judicial time.

In its replying affidavit NTSA argues that the petition has been overtaken by events. This follows the formal withdrawal of the planned rollout.

NTSA Director General Odhiambo Kondiwa provided the details in court papers. He confirmed that the authority formally withdrew the rollout on March 27 2026.

The petition was filed by Sheria Mtaani alongside lawyer Shadrack Wambui. They questioned both the legality and the planned implementation of the system.

Last week the petitioners told the court that the instant fines system was unconstitutional. They argued it risked violating motorists due process and fair hearing rights.

Kondiwa explained why the rollout was halted. The authority needed to clarify procedural and operational aspects including how minor traffic offences would be handled.

Public sensitisation was another requirement along with full alignment with the law. As a result the decision being challenged no longer exists.

No enforcement action is currently being undertaken under the instant fines framework. There is presently no operational Instant Fines Management System Kondiwa stated.

NTSA lawyers invoked the doctrine of mootness. Courts do not determine disputes where there is no longer a live controversy the authority said.

The issues raised in the petition therefore no longer require determination. Events have overtaken the original dispute.

Even so NTSA maintained its commitment to road safety enforcement. It will only implement lawful transparent and procedurally sound mechanisms in line with the Constitution.

Lawyer Danstan Omari who represented the petitioners had taken a different position. He argued the proposed regime risked bypassing the courts by allowing administrative penalties.

Such an approach raised concerns over potential abuse. It could erode motorists constitutional rights.

The Instant Fines Management System had been intended to impose instant fines on motorists for traffic offences. Its rollout was pulled before any enforcement began.

The High Court petition now turns on NTSA's application. The authority is convinced the matter no longer presents a live issue for the court to decide.