The High Court in Kiambu has temporarily stopped the enforcement of the mandatory annual inspection requirement for private non-commercial vehicles after issuing conservatory orders in a case filed against the National Transport and Safety Authority (NTSA).
In orders on July 1, Justice Francis Nyungu Kyambia certified the matter as urgent and suspended the implementation of NTSA’s notice dated June 20, pending the hearing and determination of the petition.
High Court Suspends NTSA Annual Inspection Requirement for Private Vehicles
The case was filed by Wilberforce Akello against the National Transport and Safety Authority (NTSA), the Cabinet Secretary for Roads and Transport and other respondents.
“THAT a conservatory order be and is hereby issued suspending the operation and enforcement of Rules 3(1), Rule 12(2), Rule 16(4), Rule 30(1)(d) and the First Schedule of the Traffic (Motor Vehicle Inspection) Rules, 2026 [Legal Notice No. 13 of 2026] in so far and to the extent that it applies to private non-commercial vehicles,” the judge directed.
The court further suspended the NTSA notice announcing the implementation of the annual inspection requirement for private vehicles.
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“THAT a conservatory order be and is hereby issued suspending the 1st Respondent Notice dated and published on 20/06/2026 in so far and to the extent that it requires annual inspection of private non-commercial vehicles.”
The petition, notice of motion and the court order are to be served on the respondents within seven days.
The respondents have also been directed to file and serve their responses, together with any written submissions, within 14 days of being served.
According to the court timetable, the petition and notice of motion will be heard inter partes on July 22, 2026.
The conservatory orders will remain in force until June 22, 2027, when the application is scheduled to be heard inter partes, unless varied by the court.
NTSA Suspension Enforcement of Key Vehicle Inspection
Before the High Court’s conservatory orders, the National Transport and Safety Authority (NTSA) had already announced a temporary suspension of the enforcement of several provisions under the new transport regulations.
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In a statement, NTSA Director General Nashon Kondiwa said the implementation of the regulations would be phased in following consultations with Parliament.
“In consultation with parliament, it was agreed that the transition be done in phases, hence the suspension of enforcement for certain sections of the regulations,” the statement read in part.
Kondiwa explained that the mandatory inspection of private vehicles would not be enforced until private vehicle inspection centres are licensed and fully operational.
“Specifically, the requirement for private vehicle inspections is suspended till Licensing of the private inspection centers is done and inspection centers are operational,” NTSA stated.
The authority also announced that school transport operators would not be penalized for failing to install reflectorized red stop mechanical signal arms and telematics systems as required under the 2026 School Transport Rules.
Similarly, operators of commercial service vehicles (PSVs) would not face penalties for failing to comply with the telematics system requirement under the 2026 NTSA Operations of Commercial Vehicles Regulations.
Additionally, NTSA directed traffic enforcement officers not to enforce the mandatory inspection requirement for private motor vehicles during roadside route checks until further notice.
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