The High Court has declined to suspend the government's rollout of the electronic motor vehicle registration certificate (eLogbook), as sought by two petitioners challenging the legality of the programme.
Javan Onyango and Emmanuel Kiplagat moved to court on Friday seeking temporary orders to stop the National Transport and Safety Authority (NTSA) from implementing the digital system, which became operational on June 10, 2026.
The eLogbook was introduced as the mandatory and primary proof of ownership for motor vehicles in all new transactions, replacing physical logbooks for future registrations.
The petitioners argue that the system was introduced without adequate legal, procedural and technological safeguards, and that the government failed to conduct meaningful public participation as required under the Constitution.
National Transport and Safety Authority officials and police officers during a crackdown on traffic laws violators at Salgaa on the Nakuru-Eldoret highway on December 4, 2025.
Photo credit: Boniface Mwangi | Nation Media Group
They further contend that the programme involves the collection, processing, storage and dissemination of sensitive personal data belonging to millions of vehicle owners, yet the government has not demonstrated compliance with constitutional privacy protections under Article 31 or the Data Protection Act.
Justice Patricia Nyaundi declined to certify the application as urgent, noting that the issuance of eLogbooks had already begun.
"The application is not certified urgent," the judge ruled.
She directed that the matter be mentioned on July 30, when parties will argue the application for conservatory orders and get directions on the hearing of the main petition.
According to the petitioners, the continued implementation of the system before the constitutional questions are determined could expose motorists, buyers, financiers and financial institutions to uncertainty in vehicle transactions.
They argue that the petition raises weighty constitutional issues, including public participation, legality, fair administrative action, privacy, data protection, access to information and the constitutional limits of executive action in implementing nationwide digital governance initiatives.
Besides seeking to halt the rollout, the petitioners also want the court to bar NTSA from permanently discontinuing or invalidating existing physical logbooks until the case is heard and determined.
They maintain that NTSA is likely to continue expanding the programme despite the unresolved constitutional concerns.
They claimed public concern has been expressed by various stakeholders regarding the adequacy of public participation, digital exclusion, system accessibility, cybersecurity risks, privacy implications and legality of any additional financial burdens associated with the implementation of the programme.
Mr Onyango said the concerns should be investigated and determined by the court before the programme is irreversibly entrenched.
"The balance of convenience overwhelmingly favours the preservation of the constitutional status quo pending the determination of this petition," Mr Onyango stated in court documents.
