The Milimani Law Courts in Nairobi/FILE
The High Court has extended interim orders suspending the implementation of an automated traffic fines system linked to a multi-billion-shilling public-private partnership between the National Transport and Safety Authority (NTSA) and a consortium led by Pesa Print Limited.
The orders will remain in force as the court considers consolidated petitions challenging the legality of the arrangement.
The case also includes a contempt application in which RSAK, through its chairman David Kiarie, alleges that the earlier court orders had not been complied with.
The contempt proceedings stem from an earlier order issued by the High Court in Kerugoya on May 29, when Justice Magare Dennis Kizito temporarily suspended implementation of the partnership between NTSA and the Pesa Print consortium.
The order covered the design, supply, delivery, installation and maintenance of smart driving licences, an automated fines system and associated services.
“A conservatory order is issued suspending the implementation of the public-private partnership between the NTSA and Pesa Print Limited consortium,” Justice Kizito ruled.
The Road Safety Association of Kenya subsequently initiated contempt proceedings, alleging that the court directives had not been complied with.
“This Honourable Court do find, hold and declare that the 1st Respondent is in contempt of Court for disobeying the orders made by this Court on 29th May, 2026 suspending the implementation of the public private partnership between the National Transport and Safety Authority and Pesa Print Limited consortium in respect of the design, supply, delivery, installation and maintenance of smart driving licenses, automate fines system and associated services pending inter partes hearing of the application,” the application states.
NTSA has actively defended the system, maintaining that the technology eliminates corruption and improves road safety.
The case has since been consolidated with another petition by the Federation of Kenya Consumers (COFEK) and will now be heard in the Milimani Law Courts.
The consolidated case also brings together challenges by COFEK and the RSAK against NTSA and other government agencies over the proposed rollout of the smart driving licence.
Other respondents in the consolidated proceedings include the Cabinet Secretary for National Treasury, the Cabinet Secretary for Roads and Transport, the Public Private Partnership Committee, the Directorate of Public Private Partnerships and the Attorney General.
Pesa Print Limited and KCB Kenya are listed as interested parties.
Justice Mande directed the respondents and interested parties to file their responses to the application on or before August 15, 2026.
The contempt application has now been brought into the wider consolidated proceedings, with a preliminary objection directed to be heard alongside the application.
The court's extension of the interim orders means the implementation of the contested system remains frozen pending further proceedings and the ruling scheduled for November 26, 2026.
