The National Transport and Safety Authority has urged the High Court to dismiss a petition challenging its proposed Instant Fines Management System, arguing that the matter has been overtaken by events following the system’s withdrawal.
In a replying affidavit, NTSA Director General Odhiambo Kondiwa told the court that the authority formally withdrew the rollout of the system on March 27, 2026.
“There is presently no operational Instant Fines Management System,” Kondiwa stated.
NTSA now argues that continuing with the case would amount to an academic exercise and unnecessary use of judicial time, since the decision being challenged no longer exists.
Through its legal team, NTSA has invoked the doctrine of mootness, which bars courts from determining disputes where there is no longer a live controversy.
According to the authority the system has been withdrawn, no enforcement is ongoing and the petition lacks a current subject for determination.
The case was filed by Sheria Mtaani alongside lawyer Shadrack Wambui, who challenged the legality of the instant fines regime.
The petitioners argued that the system violated due process, undermined the right to a fair hearing and risked bypassing courts by imposing instant administrative penalties.
Lawyer Danstan Omari further warned that such a framework could open the door to abuse and erode motorists’ constitutional protections.
Kondiwa explained that the decision to halt the rollout was informed by the need to clarify procedural and operational issues, define how minor traffic offences would be handled, allow for public sensitisation and ensure full legal compliance.
Despite the withdrawal, NTSA says it remains committed to introducing a lawful, transparent, and constitutionally compliant system for traffic enforcement and road safety.
The outcome of the court’s decision on whether to proceed with or dismiss the case could set an important precedent on how similar disputes are handled when policies are withdrawn mid-litigation.
