The National Transport and Safety Authority (NTSA) has asked the High Court to withdraw a case challenging the Instant Fines Management System, arguing that the matter has been overtaken by events following the rescission of the rollout notice.
In its application, the authority says the dispute is no longer active after it formally withdrew the public notice that had announced the operationalisation of the Instant Fines Management System on March 27, 2026.
In a replying affidavit, NTSA Director General Odhiambo Kondiwa told the court that the authority withdrew the notice after realising the need to further clarify procedural and operational aspects of handling minor traffic offences.
"That the said withdrawal was necessitated by the Authority's realisation of the need to further clarify procedural and operational aspects relating to the handling of minor traffic offences, including public sensitisation and alignment with the applicable legal framework,” he stated in the affidavit.
He added that there is currently no operational Instant Fines Management System and that no enforcement action is being undertaken under the withdrawn notice.
NTSA argues that the constitutional petition filed by Sheria Mtaani and lawyer Shadrack Wambui no longer raises a live dispute for the court’s determination.
According to Kondiwa, where the subject matter of a dispute has ceased to exist, court proceedings become moot and academic, making it unnecessary for the court to continue hearing the matter.
He cited legal advice from the authority’s counsel, stating that courts do not determine hypothetical or abstract questions when there is no longer a live controversy between parties.
“In view of the foregoing, the issues raised in the petition have been overtaken by events and no longer present a justiciable controversy requiring determination by this Honourable Court,” Kondiwa said.
Despite withdrawing the instant fines notice, NTSA said it remains committed to implementing lawful and transparent mechanisms to enhance road safety and enforce traffic laws.
The authority said any future system would be aligned with the Constitution and relevant statutes and would ensure proper procedures are followed.
Kondiwa told the court that the affidavit was filed in good faith to assist the court in arriving at a fair and just determination of the matter.
In a notice issued on March 9, the authority launched the system, stating that it would automatically issue traffic violation notifications via SMS to motorists found to have breached road regulations.
The notifications, according to the agency, were intended to inform offenders of the nature of the offence and the fine payable.
NTSA said the system was designed to improve transparency and efficiency in traffic enforcement by eliminating manual processes.
However, a petition filed by Sheria Mtaani and Shadrack Wambui challenged the introduction of the system, raising concerns over its legality and implementation.
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