The High Court on March 12, 2026 issued conservatory orders suspending the implementation of the Instant Fines Traffic Management System.In his ruling, Justice Bahati Mwamuye restricted the State Law Office, NTSA, and KCB Bank from issuing, demanding, or enforcing instant traffic penalties generated through algorithmic or automated decision-making systems.
Additionally, the court, on its own motion, joined KCB Bank Kenya as an Interested Party in the proceedings.In his petition, Wambui, through his Sheria Mtaani na Shadrack Loppy group, had sought declarations that the Respondents’ directive to deposit traffic fines into a commercial bank account, instead of judiciary accounts, is unconstitutional and unlawful.
He argued that this approach undermines fiscal safeguards and transparency as stipulated under Articles 10, 201, and 232 of the Kenyan Constitution. The decision to impose fines via an automated system without prior notice or an opportunity to be heard was claimed to violate constitutional rights under Articles 47 and 50 and to disregard safeguards under the Data Protection Act.
The petition also contended that automating traffic penalties and initiating criminal proceedings without oversight from the Office of the Director of Public Prosecutions (ODPP) breaches the independence of prosecutorial authority guaranteed under Article 157. It challenged the enforcement framework, asserting that it does not comply with statutory notification safeguards under the Traffic Act, thereby rendering any penalties imposed unlawful.
Wambui therefore requested the court to issue an order of Certiorari to quash the Respondents’ decision and an order of Prohibition to stop the issuance or enforcement of automated traffic penalties lacking constitutional safeguards.
Further orders deemed appropriate may also be granted.Brought under Articles 22 and 258 of the Constitution, the petition is in the public interest, questioning the legality of the NTSA’s automated fines system.The system affects millions of motorists nationwide and raises constitutional concerns about due process, fair administrative action, data protection, prosecutorial independence, and separation of powers.
The system detects, determines, and penalizes traffic offenses through an algorithmic process without human intervention, resulting in immediate fines, interest accrual, and restricted access to NTSA services.
The petition raises serious constitutional issues, including the right to fair administrative action, fair hearing, prosecutorial mandate, transparency, accountability, and protection against automated decision-making with significant legal effects.
Supported by his affidavit, the grounds include that the system imposes penalties without notice or review, violates constitutional rights, seeks to usurp prosecutorial functions, disregards statutory safeguards, and improperly accounts for fines to a commercial bank rather than legal channels.
The automated process poses risks of arbitrary enforcement, prejudice against individuals, and systemic harm.
In his ruling, Mwamuye directed the petitioner, Shadrack Wambui, to serve the court order and petition to all relevant parties in both hardcopy and softcopy and to file an Affidavit of Service by the close of business on March 13, 2026.
The orders remain in force pending the inter partes hearing of the application.
