The High Court has issued interim orders requiring the National Transport and Safety Authority (NTSA) to document and maintain comprehensive records of all transactions conducted through its immediate traffic penalties system.
During a judgment delivered on Friday, May 29, Justice Bahati Mwamuye of the Kiambu High Court instructed NTSA to create an organized log containing all payments associated with immediate fines and penalties under the program.
“A conservatory order be and is hereby issued requiring the respondents (1st and 2nd) to record and maintain detailed information in a schedule with respect to every payment made with respect to instant or automatic fines/penalties under the impugned system,” Justice Mwamuye ruled.
These directives will remain effective until the petition challenging the legality and implementation of the automated enforcement system is heard and resolved.
The lawsuit, submitted by Kenyan citizen Wilberforce Akelo, challenges the legitimacy of the mechanism used to impose immediate traffic penalties and its general application.
The court confirmed that the temporary conservatory order will continue in effect until the inter partes hearing and resolution of the application, which is scheduled for reconsideration on June 4 of this year.
Non-compliance with the court’s commands, the order cautions, may result in punitive measures.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the judgment noted.
This instruction follows shortly after NTSA revealed the implementation of its new digital penalties system, after discussions with various parties including the ODPP and NPS, scheduled to commence on June 1.
According to the agency, drivers will receive an instant Police Notification of Traffic Offence on their mobile devices when a violation occurs, after which they can choose whether to attend court proceedings or not.
Under this arrangement, drivers are not obligated to appear in court for minor violations.
“Upon receiving a notification, drivers have two choices: they may accept responsibility and pay the specified fine within the designated timeframe, or they may contest the accusation in court. If the driver selects to pay the fine, the matter can be resolved without requiring a court appearance,” NTSA explained.
This situation arises two months after NTSA postponed the earlier implementation of the immediate fines management system on March 27, due to legal challenges and public resistance.