Lobby group Sheria Mtaani will not withdraw its High Court petition challenging the NTSA instant fines system, despite the authority's suspension of the programme. Lawyer Danstan Omari stated that NTSA has failed to address core legal issues in the rollout.
Sheria Mtaani, the lobby group that petitioned the High Court to halt the National Transport and Safety Authority's (NTSA) instant fines system, has stated it will not withdraw the case despite NTSA's suspension of the programme with immediate effect.
Danstan Omari, one of the petitioning lawyers, spoke hours after NTSA's announcement, arguing the authority had not resolved fundamental legal challenges. The system launched on March 9 on major highways, particularly in Nairobi, deploying over 1,000 fixed and mobile smart cameras with automatic number plate recognition to send SMS notifications to vehicle owners about violations, with fines ranging from Ksh500 to Ksh10,000.
Motorists had seven days to pay via banks, mobile money or digital platforms, after which NTSA online services would be blocked, preventing transfers and renewals. “We are not going to withdraw our petition. We have other issues that need to be addressed because the criminal justice system starts with the police, it goes to the DPP, and it goes to the judiciary,” Omari told journalists outside Milimani Law Courts on Friday evening. He added, “Nowhere does NTSA have investigatory powers, nowhere does it have prosecutorial powers, nowhere does it have judicial powers.”
NTSA Director General Nashon Kondiwa explained the suspension in a public notice, stating it withdrew the March 9 go-live announcement to enable further civic education and awareness on handling minor offences under the Traffic Act. This follows a March 12 conservatory order by Justice Bahati Mwamuye halting proceedings in a suit by lawyer Shadrack Wambui, with the case set for mention on April 9.
