The High Court has stopped the National Transport and Safety Authority (NTSA) from invalidating physical logbooks, pending the hearing and determination of a petition challenging the rollout of the eLogbook system.
Javan Onyango and Emmanuel Kiplagat moved to court, arguing that NTSA introduced the Electronic Motor Vehicle Registration Certificate (eLogbook) without complying with constitutional requirements.
The eLogbook was introduced as the primary proof of ownership for motor vehicles in new transactions, replacing physical logbooks for future registrations.
Justice Patricia Nyaundi said preserving the validity of existing physical logbooks would protect the interests of the petitioners while the case is being heard.
“Consequently, and guided by the preservative purpose of conservatory relief, I deem it appropriate to allow the application only to the limited extent necessary to maintain the continued validity and recognition of physical logbooks pending the full hearing of the petition,” the judge said.
The petitioners argue that the eLogbook system significantly changes how vehicle ownership records are created and verified, but was introduced without meaningful public participation as required by the constitution.
They also contend that the digitisation of vehicle ownership records involves the collection and processing of sensitive personal data, raising privacy concerns under Article 31 of the Constitution and the Data Protection Act.
According to the petitioners, a centralised digital ownership system requires strong safeguards, including cybersecurity measures, data protection systems, operational resilience and disaster recovery plans.
They claim NTSA has not disclosed key documents, including data protection impact assessments, cybersecurity audits, public participation reports, procurement records and legal approvals.
The petitioners further cite concerns raised by stakeholders over digital exclusion, accessibility challenges, cybersecurity risks, privacy issues and the legality of new fees linked to the system.
NTSA defended the rollout, saying the eLogbook is an administrative improvement and not a new legal framework.
The authority argued that vehicle registration records have been electronic since 2014 through the Transport Integrated Management System (TIMS), and that the petitioners have wrongly portrayed the eLogbook as a completely new system.
NTSA cited provisions of the Traffic Act, saying Parliament had already provided for computerised vehicle registration and safeguards to ensure security and handle complaints.
The authority said it issued several public notices beginning on May 7, 2026, followed by updates, transition notices, verification guidelines and frequently asked questions.
According to NTSA, the information was shared through its website, social media platforms, Huduma Centres and virtual sensitisation sessions in both English and Swahili.
NTSA argued that Article 10 does not require extensive public participation for administrative improvements that do not create new legal rights or obligations.
It also dismissed claims of inadequate notice, coercion and exclusion, maintaining that physical logbooks remain valid and that no mandatory deadline has been set for motorists to switch to eLogbooks.
The authority said the system only processes data collected under its legal mandate and uses encryption and QR-code verification to prevent fraud.
NTSA further argued that the eLogbook strengthens property rights by improving ownership verification, adding that motorists can still access services through NTSA offices and Huduma Centres across the country.
