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Nairobi lawyer sues to stop controversial new NTSA traffic rules
Police officers and officials from the National Transport and Safety Authority inspect vehicles at a roadblock in Lukenya, Machakos county on March 27, 2024.
A Nairobi lawyer has moved to court seeking to stop new nationwide motor vehicle inspection rules from taking effect, arguing that the regulations were introduced without public participation and will impose unlawful costs and penalties on millions of motorists.
Charles Mugane filed the constitutional petition and an urgent application at the High Court in Milimani, seeking conservatory orders suspending the Traffic (Motor Vehicle Inspection) Rules, 2026 before their scheduled commencement on July 1.
The case targets the National Transport and Safety Authority (NTSA) and the Attorney General. The Law Society of Kenya, Katiba Institute and the Kenya Human Rights Commission have been named as interested parties.
The National Transport and Safety Authority (NTSA) inspection yard along Likoni Road in Nairobi.
The petition challenges Legal Notice No. 13 of 2026, which requires privately owned and government vehicles older than four years to undergo annual inspections.
Mr Mugane argues that NTSA failed to comply with Article 10 of the Constitution by introducing the regulations without meaningful public participation.
"It is the procedure of the passing of the impugned rules and ultimately their constitutionality that is the subject of challenge in the instant Petition," he says in court papers.
He asks the court to suspend the regulations pending determination of the case and ultimately quash the legal notice.
The petition also attacks the inspection fees introduced under the new framework.
It argues that the fee schedule does not explain the criteria used to determine the charges and says motorists will be compelled to pay through the eCitizen platform.
"The first schedule of the said impugned rules provide for the Motor Vehicle Inspection Fees chargeable for the said exercise which fees despite being exorbitant is unclear as to the criteria used in their determination," says Mr Mugane, a public interest litigant.
He further argues that directing motorists to pay through eCitizen raises accountability concerns.
"The first respondent directed that the said exorbitant fees are to be collected through the infamous E-Citizen platform which has been widely criticized for financial irregularities and unaccounted public funds," he says, referring to extracts from the Auditor-General's report annexed to his affidavit.
The rules require motorists to pay an NTSA booking fee before presenting their vehicles for inspection at a licensed testing centre, with motorcycles and three-wheelers paying Sh200 and most other vehicles Sh1,000.
Universal Policing Unit, a gadget used to check digital speed governors on public service vehicles.
After booking, motorists must also pay an inspection fee of up to Sh300 for motorcycles and three-wheelers and up to Sh1,000 for most private cars, commercial vehicles and trailers. Private and government vehicles older than four years will be required to undergo the inspection and pay the prescribed charges once every year.
The lawyer also challenges provisions creating criminal penalties for motorists who fail to comply with the inspection regime.
He says the rules introduce "unfair and arbitrary imprisonment not exceeding six months as well as hefty fines on conviction or both."
The petition contends that the regulations expose motorists to possible abuse during enforcement and amount to another revenue collection initiative rather than a road safety measure.
"It is clear that the Impugned Rules as well as the botched Instant Fines Management System before them are revenue collection strategies disguised as compliance issues," Mr Mugane says.
The affidavit cites NTSA's March withdrawal of the proposed Instant Fines Management System after it was challenged in court as part of the background to the dispute.
Read: Inside new NTSA vehicle inspection rules that could cost motorists Sh20, 000 or six months in jail
According to the petition, Kenyans have a legitimate expectation that government agencies will make policies through transparent and constitutionally compliant processes.
Mr Mugane says public participation is a constitutional requirement whenever public authorities introduce measures affecting citizens.
"No known method of public participation was exercised when the 1st Respondent purported to gazette the same," he says.
The Traffic (Motor Vehicle Inspection) Rules, 2026 were published on February 13 and are scheduled to take effect on July 1.
Besides introducing annual inspections for vehicles older than four years, the regulations establish a framework for licensing private inspection centres and inspectors, prescribe inspection standards and create offences and penalties for non-compliance.
The petition seeks declarations that the regulations are unconstitutional, unlawful and void, and an order quashing the legal notice.
It also seeks conservatory orders stopping implementation pending the court's determination. At the time of filing, the court had not issued directions on the application.
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