NAIROBI, Kenya Mar 25 – The High Court has rejected an application by the National Transport and Safety Authority (NTSA) seeking to lift conservatory orders on instant fines.
The case involves multiple applicants challenging NTSA’s enforcement of instant traffic fines. The petitioners argue that the fines are procedurally flawed and impact motorists unfairly.
The court noted that the applications could not be considered ex parte, given the public interest and the impact on substantive rights.
The court further emphasized that both applications need to be heard inter partes, allowing all parties—including the petitioner, NTSA, the State Law Office, and KCB Bank Kenya—to file responses and rejoinders.
The court observed that the interim conservatory orders currently in force are final in nature and affect substantive rights, making it necessary for all parties to be heard before any variation or discharge.
“The combination of public interest, status quo, and substantive rights necessitates that both Applications be canvassed inter partes before any orders can be issued,” the judge noted.
