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Instant Traffic Fines Still Active Despite Court Order, NTSA Clarifies

The authority stressed that the PPP programme and the Minor Traffic Offences Rules are separate matters, noting that no court has suspended the rules governing instant fines.

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The National Transport and Safety Authority (NTSA) has moved to clear confusion surrounding Kenya’s instant traffic fines system, insisting that motorists can still be fined for traffic violations despite ongoing court cases challenging parts of the programme.

The clarification comes after court orders issued by the Kiambu Law Courts triggered public debate over whether the government’s technology-driven enforcement system had been suspended.

NTSA Director General Nashon Kondiwa said the court orders only affect the Public Private Partnership (PPP) component that was expected to expand the country’s traffic surveillance network through the installation of additional enforcement cameras.

He explained that the Minor Traffic Offences Rules, which provide the legal framework for identifying and enforcing traffic offences through automated systems and police notices, remain fully operational.

“The Minor Traffic Offences Rules is being implemented. We have orders from Kiambu Law Courts directing us to keep records of payments and another order suspending the implementation of the PPP component,” Kondiwa said.

The authority stressed that the PPP programme and the Minor Traffic Offences Rules are separate matters, noting that no court has suspended the rules governing instant fines.

As a result, motorists continue to face penalties for offences detected through existing traffic enforcement systems. Cameras already installed by the Kenya National Highways Authority and the Kenya Urban Roads Authority remain active, while police officers continue issuing notices manually and through digital enforcement applications.

The clarification means drivers can still be cited for offences such as speeding, running red lights and lane indiscipline even as the court battle over the PPP arrangement continues.

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The instant fines programme was introduced as part of a broader government effort to improve compliance with traffic laws and reduce road carnage by allowing motorists accused of minor traffic offences to pay prescribed penalties without undergoing lengthy court proceedings.

However, the programme has attracted legal challenges from motorists and civil society groups who have questioned aspects of its legality and implementation.

Kondiwa said NTSA is complying with court directives requiring it to maintain records of all payments collected under the system while the matter remains before the courts.

“The courts instructed NTSA to proceed but keep the payment records,” he said.

The case is scheduled to return to court for further directions on June 21.

The legal dispute has also disrupted plans to significantly expand the country’s automated enforcement infrastructure. Under the suspended PPP arrangement, the government had planned to install 1,000 additional traffic enforcement cameras within two years.

“The PPP rollout, which was to add 1,000 cameras in two years, is suspended. Any existing schedule will have to be adjusted until the court process is complete,” Kondiwa said.

Despite the setback, NTSA says it is pressing ahead with plans to integrate existing enforcement infrastructure operated by the Kenya National Highways Authority, the Kenya Urban Roads Authority and the National Police Service. The integration project is expected to be completed within six months.

President William Ruto has emerged as one of the strongest supporters of the instant fines system, arguing that tougher enforcement is necessary to curb reckless driving and reduce the number of lives lost on Kenyan roads.

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While receiving a road safety report at State House Nairobi, the President directed authorities to implement fines that are difficult for offenders to ignore, saying the traditional enforcement model has been weakened by corruption and lengthy court processes that often allow offenders to escape accountability.

Ruto has also pushed for wider use of technology, including CCTV surveillance and speed-monitoring cameras, arguing that automated systems provide objective evidence while reducing opportunities for bribery.

Government officials maintain that money collected through instant fines is remitted to the Exchequer and does not form part of NTSA’s revenue.

“These are Exchequer revenues, not NTSA revenue. NTSA’s focus and mandate is road safety. The National Treasury would be better placed to provide revenue projections,” Kondiwa said.

For now, motorists hoping the court case had halted the instant fines regime have been put on notice. NTSA says enforcement remains active across the country, with only the planned camera expansion programme temporarily stopped pending the outcome of the legal challenge.


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