Petitioners Welcome NTSA Suspension of Instant Fines System but Vow to Continue Court Fight

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NAIROBI, Kenya Mar 30 – Petitioners challenging the planned introduction of the Instant Fines Management System by the National Transport and Safety Authority (NTSA) have welcomed the agency’s decision to pause the rollout, saying it aligns with concerns they raised in court.However, they maintain that their ongoing petition remains active and must still be determined by the High Court.The petitioners note that the suspension comes shortly after the court, under Justice Bahati Mwamuye, issued conservatory orders on March 12 stopping the implementation of the system pending the hearing and determination of the case.Represented by lawyer Danstan Omari under the Sheria Mtaani initiative, the group argues that the court was convinced the proposed digital fines system raised serious questions about legality, procedure, and enforcement of traffic offences.NTSA had said the temporary suspension is meant to allow for public awareness and to ensure the system is consistent with Section 117 of the Traffic Act.But the petitioners dispute this justification, insisting that the authority is misinterpreting the law governing traffic enforcement.They argue that Section 117 assigns responsibility for issuing traffic offence notices exclusively to police officers and outlines specific methods of service, including personal delivery, affixing notices to vehicles, and electronic communication.According to them, these steps form part of a structured criminal justice process rather than an administrative penalty system. They maintain that once a notice is issued, the matter proceeds to court where the accused person enters a plea, and sentencing is determined by a judicial officer after considering mitigation.The group also emphasizes that any fines imposed must be processed through the judiciary, not through external digital platforms or alternative payment systems.They further argue that traffic enforcement documentation is legally anchored under the authority of the Inspector General of Police, limiting NTSA’s role in independently managing or executing such a system.Despite welcoming the suspension, the petitioners insist that their constitutional challenge remains before the court and will continue to be prosecuted. They say the case seeks to ensure that all state agencies operate within the bounds of the Constitution and established legal procedures.They have warned that any attempt to reintroduce the Instant Fines Management System without addressing the legal issues raised will face renewed opposition in court.“Our petition is still active, and we will pursue it to ensure full compliance with the law,” the petitioners said.