The National Transport and Safety Authority (NTSA) has asking the High Court to dismiss the case challenging the rollout of its Instant Fines Management System saying its a misuse of judicial time.
In a replying affidavit, NTSA says the petition has been overtaken by events following its withdrawal.
NTSA Director General Odhiambo Kondiwa told the court that the authority formally withdrew the planned rollout of the Instant Fines Management System on March 27, 2026.
The petition was filed by Sheria Mtaani alongside lawyer Shadrack Wambui, who had challenged the legality and implementation of the system.
Last week, the petitioners told the court that the instant fines system was unconstitutional, arguing that it risked violating due process and fair hearing rights by allowing motorists to be fined instantly without adequate legal safeguards.
Kondiwa explained that the withdrawal was prompted by the need to further clarify procedural and operational aspects, including how minor traffic offences would be handled, as well as to allow for public sensitisation and alignment with the law.
He stated that as a result, the decision being challenged no longer exists and no enforcement action is currently being undertaken under the instant fines framework.
“There is presently no operational Instant Fines Management System,” he said.
NTSA, through its lawyers, has invoked the doctrine of mootness, arguing that courts do not determine disputes where there is no longer a live controversy.
On that basis, NTSA argues that the issues raised in the petition no longer require determination, as they have been overtaken by events.
Even so, the authority maintained that it remains committed to implementing lawful, transparent, and procedurally sound mechanisms to enhance road safety and enforce traffic laws in line with the Constitution.
Lawyer Danstan Omari, for the petitioner had argued that the proposed instant fines regime risked bypassing the courts by allowing penalties to be imposed administratively, raising concerns over potential abuse and the erosion of motorists’ constitutional rights.
