Blow To NTSA As High Court Halts Implementation On Instant Fines System
The High Court has issued new orders barring the National Transport and Safety Authority (NTSA) from implementing the newly introduced instant fines that have caused a lot of mixed reactions from motorists.
Justice Bahati Mwamuye of the High Court issued a conservatory order barring NTSA from proceeding with the new system pending the hearing and determination of a case filed by Lawyer Shadrack Wambui, challenging the directive.
“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” Justice Mwamuye directed.
The ruling now means that the NTSA, as well as the concerned parties, will not be allowed to issue, generate, or enforce the instant traffic penalties produced through algorithmic or any other automated decision-making systems on the Instant Traffic Management System.
At the same time, amid concerns over the selection of a single bank to receive the fines, the court, on its own motion, enjoined the bank as an interested party in the proceedings with immediate effect.
Additionally, Justice Mwamuye has directed the petitioner, who had moved to court together with a lobby group, Sheria Mtaani, to serve the respondents, among them the State Law Office and the NTSA, the petition and court orders by immediately and file an affidavit by close of business on Friday, March 13.
The court directed that the matter be mentioned on April 9, this year, to confirm compliance and take directions on the hearing and determination of the petition.
The new system, introduced under the Traffic, Minor Offences, and Rules of 2016, mandated that motorists who commit minor traffic violations to pay prescribed fines instantly instead of going through lengthy court processes.
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According to the NTSA, the move was among key issues intended to decongest courts, improve enforcement efficiency, and encourage responsible road use across the country.
The offences of driving without identification plates affixed or not fixed in the prescribed manner, driving without a valid inspection certificate, causing obstruction on the road, and an owner or operator of a PSV employing an unlicensed PSV driver or conductor each attracted a fine of Ksh10,000.
Similarly, driving a PSV while unqualified, driving on a pavement or pedestrian walkway, driving on a footpath, an unlicensed person driving or acting as a PSV driver or conductor, failure to stop when required by a police officer, each attracted a fine of Ksh5,000.
Driving without a valid licence endorsement for the class of vehicle, failure to obey the directions of a police officer, failure to obey traffic signs, or failure to display reflective triangles or lifesavers when required each attracted a fine of Ksh3,000.
Blow To NTSA As High Court Halts Implementation On Instant Fines System
