By OLIVER MUSEMBI
The National Transport and Safety Authority (NTSA) has suffered a setback after the High Court halted the implementation of its instant fines system, which was to be rolled out through a private company starting this week.
Kerugoya High Court Judge Kizito Magare issued a conservatory order on Friday, May 29, 2026, suspending the public-private partnership between NTSA and the Pesa Print Limited consortium. The partnership was intended to facilitate the design, supply, delivery, installation, and maintenance of smart driving licences, as well as an automated fines system and related services.
The court order also stops the implementation of the automated fines system pending an inter partes hearing of a petition filed by the Road Safety Association of Kenya (RSAK).
Justice Magare directed NTSA to file its submissions within 10 days ahead of a hearing date that is yet to be scheduled. The court will issue further directions on June 21, 2026, including the hearing date and any additional matters.
The Road Safety Association of Kenya is listed as the first petitioner, NTSA as the respondent, and Pesa Print as an interested party in the case.
The ruling came just three days before NTSA was scheduled to begin implementing the instant fines system on June 1, 2026, following an earlier public notice.
RSAK Chairman David Kiarie said the association initially supported the initiative as a road safety measure aimed at reducing road accidents, but later raised concerns over its implementation.
“However, we later realized this was turning into a business venture by individuals seeking to profit from public systems and infrastructure,” Kiarie said.
He further alleged that the same private entity was previously linked to a Sh2 billion contract for the supply of smart driving licences, which he claimed were not delivered despite payment being made.
Kiarie also raised concerns over the alleged lack of public participation before awarding the contract, arguing that it violated legal requirements for public-private partnerships.
He questioned why existing taxpayer-funded infrastructure would be used by a private firm for profit, saying it raised issues of transparency and accountability.
“The private company should have installed its own systems instead of relying on publicly funded infrastructure,” he said.
Kiarie also questioned the proposed use of private bank accounts for collecting funds from instant fines, arguing that such revenue should instead be channelled through the Judiciary’s official accounts.
While he supported efforts to improve road safety, Kiarie said such initiatives must be implemented transparently and in accordance with the law.
