High Court Judge Justice Bahati Mwamuye has issued a conservatory order halting the enforcement of Kenya’s Instant Fines Traffic Management System by NTSA, pending the hearing and determination of a constitutional petition challenging the system.
In orders issued on March 12, 2026, Bahati Mwamuye issued a conservatory order restraining the respondents and the interested party, jointly or individually, from issuing, generating, demanding, or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 03/03/2026 [ 10/03/2026], a conservatory order be and is hereby issued restraining the Respondents and the Interested Party, both jointly and severally, and whether by themselves, their officers, agents, related entities, or any person acting under their authority or together with them in a multi-agency framework, from issuing, generating, demanding or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems and/or implementing or further implementing the impugned Instant Fines Traffic Management System,” read part of the rulling.
He directed that KCB Bank Kenya be enjoined in the proceedings as an interested party under Rule 7(2) of the Constitution of Kenya.
Justice Mwamuye further barred the authorities from implementing or continuing to implement the disputed Instant Fines Traffic Management System until the matter is heard and determined.
High Court Issues Conservatory Order Blocking Instant Traffic Fines
The order applies to the respondents, their officers, agents, related entities, and any individuals acting under their authority or within a multi-agency framework.
The petitioner has been directed to serve the respondents and the interested party with the application, petition and the court order in both hard copy and soft copy immediately and file an affidavit of service by the close of business on March 13, 2026.
The respondents and the interested party must enter appearance and file their respective responses to both the application and the petition by the close of business on March 20, 2026.
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The court also granted the petitioner leave to file and serve a rejoinder, if necessary, by close of business on March 27, 2026.
At the next mention, parties or their counsel will also be required to address the court on proposals for the expedited hearing and determination of the matter within 90 days, where possible.
The case will be mentioned on April 9, 2026, to confirm compliance and give further directions on the expedited hearing and determination of the application and the petition.
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Judge Mugambi on Instant Fines
The court ruling follows an earlier directive issued on March 10, 2026, when Judge L.N Mugambi ordered that the Notice of Motion application and the petition dated March 9, 2026, together with submissions to the application, be served physically within three days, with proof of service filed in court.
Justice Mugambi further ordered that responses to both the petition and the application, along with submissions to the application, be filed within seven days.
He also directed that the petitioner may file a rejoinder, if necessary, together with submissions to the application, within seven days from the date of service of the responses.
