The High Court has temporarily halted the implementation of the government’s automated instant traffic fines system, setting the stage for a major constitutional battle over the use of technology in law enforcement and the protection of motorists’ rights.
In directions issued by Bahati Mwamuye, the judge granted conservatory orders restraining the National Transport and Safety Authority (NTSA) and other state actors from issuing, generating, demanding or enforcing traffic penalties produced through algorithmic or automated decision-making systems.
The orders suspend the rollout of the Instant Fines Traffic Management System pending the hearing and determination of a petition filed by Sheria Mtaani through lawyers Danstan Omari and Shadrack Wambui, who argue that the system threatens fundamental constitutional guarantees.
Justice Mwamuye also, on the court’s own motion, enjoined KCB Bank Kenya as an interested party in the proceedings, citing its role in the financial processing framework through which motorists are required to settle the automated penalties.
The court directed that the conservatory orders remain in force pending the inter partes hearing of the petitioner’s application.
Sheria Mtaani and Shadrack Wambui contend that the automated fines system imposes penalties immediately upon detection of an alleged traffic infraction without prior notice, warning, or human review.
They argue that the system compels motorists to pay fines within seven days or risk punitive administrative consequences, including suspension of access to critical government transport services.
According to the petition, this enforcement model violates the constitutional right to fair administrative action and procedural fairness, as well as the presumption of innocence.
The petition further contends that the system effectively assumes prosecutorial authority constitutionally reserved for the Office of the Director of Public Prosecutions, by determining alleged offences and imposing penalties outside the criminal justice process.
“This amounts to a technological usurpation of constitutionally established prosecutorial powers,” the petitioners argue.
The petitioners also claim the system relies entirely on automated algorithms to detect violations and generate penalties without disclosure of the underlying decision-making logic or safeguards against error.
They argue this violates provisions of the Data Protection Act, 2019, which require transparency in automated decision-making processes and grant individuals the right to human review of algorithmic determinations.
In addition, the petition challenges the requirement that fines be paid through a designated commercial bank account, arguing that the arrangement raises concerns over the handling of public funds and compliance with statutory frameworks governing traffic enforcement revenues.
Justice Mwamuye directed the petitioners to serve the respondents and the interested party with the application, petition and court orders immediately and to file an affidavit of service by close of business on March 13, 2026.
The National Transport and Safety Authority, the director general of the National Transport and Transport Authority and the attorney general have been granted until March 20, 2026 to enter appearance and file their responses, while the petitioners may file a rejoinder by March 27, 2026.
The court further directed that during the next mention, parties should present proposals for the expedited hearing and determination of the case within 90 days, underscoring the public importance of the dispute.
The matter will be mentioned on April 9, 2026, to confirm compliance and take further directions on the hearing of the application and the petition.
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