A file photo of uncollected logbooks at NTSA offices./SCREENGRAB

The High Court has directed that physical motor vehicle logbooks remain valid pending the hearing and determination of a petition challenging the implementation of the National Transport and Safety Authority’s (NTSA) electronic motor vehicle registration certificate, commonly known as the e-Logbook.

Justice Patricia Mande issued a conservatory order restraining NTSA and other respondents from permanently discontinuing existing physical certificates of registration held by members of the public.

“Pending the hearing and determination of the Petition, a conservatory order hereby issues restraining the respondents from permanently discontinuing or invalidating existing physical Certificates of Registration (Logbooks) held by members of the public,” she ruled.

The ruling came after Javan Onyango and Emmanuel Kiplagat filed a petition against NTSA, the Cabinet Secretary for Roads and Transport, the Attorney General and the Office of the Data Protection Commissioner.

The petitioners had sought orders suspending the continued implementation and operationalisation of the e-Logbook programme pending the determination of their case.

They argued that the new system had been introduced without adequate public participation and raised concerns over privacy, cybersecurity, digital exclusion and the legality of new charges associated with the electronic registration system.

The petitioners further argued that the centralised digital platform involved large-scale processing of vehicle owners’ personal information and therefore required compliance with constitutional privacy protections under Article 31 and the Data Protection Act.

They also questioned whether NTSA had undertaken adequate data protection impact assessments, cybersecurity audits, vulnerability assessments and disaster recovery preparations before operationalising the system.

However, NTSA opposed the application, maintaining that the e-Logbook was not a new legal regime but an administrative modernisation of a motor vehicle registration system that had already been digitised.

The authority said the statutory electronic register had been in existence since 2014 through the Transport Integrated Management System (TIMS), with its legal foundation provided under the Traffic Act.

NTSA also told the court that it had issued public notices and transition updates, including a May 7, 2026 notice, countdown notices, verification guidance and frequently asked questions on the new system.

It argued that the information had been published through its website, social media platforms and Huduma Centres, as well as through virtual sensitisation sessions.

The authority further maintained that physical logbooks remained valid and that there was no mandatory deadline requiring vehicle owners to convert to electronic certificates.

In her analysis, Justice Mande noted that NTSA’s position was that the e-Logbook was extracted from an electronic motor vehicle register whose statutory foundation dates back to 2014.

“The impugned document, that is the e-Log Book is extracted from the electronic register of motor vehicles, which has its statutory foundation in the Traffic Act and has been in existence since 2014,” the judge said.

She observed that the petitioners had not challenged that assertion, a position she said diminished the urgency of their application.

The judge nevertheless found it necessary to preserve the position of existing physical logbooks while the substantive petition is heard.

“This state of affairs has the effect of diminishing the urgency of the matter and, in my estimation, an order that retains the validity of the existing physical log books will safeguard the interests of the applicants,” Justice Mande ruled.

She consequently allowed the application only to the extent necessary to preserve physical logbooks.

The court did not suspend the e-Logbook programme itself, meaning NTSA can continue operating the electronic system as the petition proceeds.