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Kenya

Lobby seeks clarity on NTSA instant fines framework

The Motorists Association of Kenya said the public notice issued by the regulator on the Instant Fines Management framework leaves critical questions unanswered, particularly on due process for motorists and the management of revenues collected through the system.

NAIROBI, Kenya, Mar 10 – A motorists’ lobby group has asked the National Transport and Safety Authority (NTSA) to clarify several legal and procedural issues surrounding the newly introduced instant traffic fines system.

The Motorists Association of Kenya (MAK) said the public notice issued by the regulator on the Instant Fines Management framework leaves critical questions unanswered, particularly on due process for motorists and the management of revenues collected through the system.

In a letter dated March 9 and addressed to the NTSA Director General, the association sought clarification on how motorists who dispute offences captured under the automated system will be handled within the justice process.

“While the notice outlines the framework for instant fines, it remains silent on a number of critical procedural and legal matters,” said MAK chair Joyce Wamahiu.

“We therefore seek clarification on the procedure for motorists who wish to plead not guilty and how the system will guarantee due process.”

The association, which is a gazetted member of the National Council on the Administration of Justice (NCAJ) alongside institutions including the National Police Service, Office of the Director of Public Prosecutions, and the Law Society of Kenya, also questioned the oversight of automated enforcement devices.

MAK further asked the authority to provide details on the calibration and certification of speed cameras and other automated enforcement devices, including the institutions responsible for verifying their accuracy.

The lobby also sought clarification on who the designated accounting officer for the fines will be and the specific account into which the funds collected under the system will be deposited.

Additionally, it questioned whether adequate public participation was conducted prior to the rollout of the framework and how the Notice to Attend Court (NTAC) provided under the Traffic (Minor Offences) Rules would apply within the instant fines regime.

The association has asked NTSA to respond to the issues raised within 48 hours, citing growing public interest in the new enforcement system.

NTSA recently announced the rollout of an automated instant fines system designed to detect traffic violations through surveillance cameras and other electronic enforcement devices.

Under the framework, motorists whose vehicles are captured committing offences such as speeding or red-light violations receive instant notifications, typically via SMS, detailing the offence, location and penalty payable.

The system is anchored in the Traffic (Minor Offences) Rules of 2016, which allow motorists to settle minor traffic violations through prescribed penalties without appearing in court.

Authorities say the technology-driven approach is intended to enhance compliance with traffic regulations, reduce corruption linked to roadside enforcement and improve road safety.

However, the rollout has sparked debate among motorists and legal experts over due process, transparency in revenue collection and the operational oversight of automated enforcement technologies.

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