Why The High Court Suspended NTSA’s Smart Driving Licence And Automated Fines System

 


The High Court has suspended the implementation of the National Transport and Safety Authority’s (NTSA) smart driving licence programme and automated traffic fines system, dealing a major setback to one of Kenya’s most ambitious efforts to modernise road traffic management.

The decision was issued by Justice Dennis Kizito sitting at the High Court in Kerugoya. 

The judge granted conservatory orders stopping the implementation of a 21-year Public-Private Partnership (PPP) agreement between NTSA and Pesa Print Limited pending the hearing and determination of a constitutional petition challenging the project.

The case was filed by the Road Safety Association of Kenya (RSAK), which questioned the legality, transparency and constitutional compliance of the partnership. 

The lobby group argues that several aspects of the project require judicial scrutiny before implementation can proceed.

In his ruling, Justice Kizito ordered that the implementation of the partnership relating to smart driving licences, automated traffic fines and associated services be suspended until the court hears the matter fully. 

The ruling effectively freezes the programme that had been scheduled for rollout on June 1, 2026.

The suspended project sought to introduce second-generation smart driving licences linked to an automated traffic enforcement system. 

Under the arrangement, motorists would have been required to pay KSh3,050 for the new licences. 

Pesa Print was tasked with designing and producing the smart cards, while KCB Bank was expected to oversee registration and enrolment services.

A central feature of the initiative was the installation of 1,000 surveillance cameras across the country, comprising 700 fixed cameras and 300 mobile units. 

The technology was designed to detect traffic offences automatically and issue penalties electronically, reducing reliance on manual enforcement by traffic officers.

Authorities had presented the system as a transformative step toward improving road safety, enhancing compliance with traffic laws and reducing corruption associated with manual traffic enforcement. 

Supporters argued that automation would ensure greater accountability on Kenyan roads and help curb reckless driving, a major contributor to road accidents.

However, the project attracted criticism from various quarters. In its petition, RSAK raised concerns about the procurement process, alleging that the contract was awarded under questionable circumstances. 

The association also questioned whether adequate public participation had been conducted before the project was approved and implemented.

The petition further claims that key stakeholders in the transport sector, including motorists, public service vehicle operators and road safety organisations, were not sufficiently consulted. 

Questions were also raised regarding governance procedures and whether the NTSA board had properly authorised the agreement before implementation.

The court certified the matter as urgent and directed the respondents to file their responses within ten days. 

The case is scheduled for mention on June 21, 2026, when the court is expected to issue further directions on the hearing of the petition.

For now, motorists have received temporary relief from the planned smart licence rollout and automated fines regime. 

The court’s final determination will likely have significant implications for the future of digital traffic enforcement and road safety reforms in Kenya, as well as the government's broader use of technology-driven public service systems. 

Until then, the implementation of the multi-billion-shilling project remains on hold.

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