Court suspends NTSA smart driving licence, automated fines system

Joint operation involving traffic police officers and NTSA officials in a crackdown on unroadworthy vehicles along Langata road. [File, Standard]

Motorists have received a reprieve after the High Court temporarily suspended the implementation of NTSA's smart driving licence and automated traffic fines system.

Justice Dennis Kizito issued conservatory orders halting the implementation of a public-private partnership between the National Transport and Safety Authority (NTSA) and Pesa Print Limited pending the hearing and determination of a petition challenging the project.

 "A conservatory order is issued suspending the implementation of the public-private partnership between the National Transport and Safety Authority And Pesa Print Limited consortium in respect of design, supply, delivery, installation and maintenance of smart driving licenses, automated fines system, and associated services pending inter partes hearing of the application by way of notice of motion."

The orders were issued on May 29, 2026 in a petition filed by the Road Safety Association of Kenya at the Kerugoya High Court.

The court also issued a penal notice warning against any disobedience of the orders by the government and NTSA.

"Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," the judge directed.

The judge also certified the matter as urgent and directed that all respondents be served immediately and file responses within 10 days before mention on June 21.

The judge also allowed the petitioner to serve the respondents through newspaper advertisements if necessary.

"The petitioners are at liberty to serve by way of substituted service in one of the two newspapers with the widest circulation," reads the order.

 The order effectively freezes the  June 1, 2026, rollout of the smart driving licence programme and the automated traffic fines system until the court hears arguments from all parties involved. 

The petition challenges the partnership between NTSA and Pesa Print Limited, which was contracted to undertake the design, supply, delivery, installation and maintenance of the smart driving licences and related services.

The respondents in the case are NTSA as the 1st Respondent, the Public Private Partnership Committee as the 2nd Respondent, the Directorate of Public Private Partnerships as the 3rd Respondent, the Cabinet Secretary for National Treasury and Economic Planning as the 4th Respondent, and the Attorney General as the 5th Respondent. Pesa Print Limited and KCB Bank Kenya Limited are listed as interested parties. 

 The petition, filed by advocates Murunga, Mangich and Company on May 29, 2026, raises serious constitutional concerns over the manner in which the PPP was formulated and awarded.

 Among the key grievances, the petitioner contends that Pesa Print Limited was directly procured despite having previously been flagged by the Office of the Auditor General in connection with a past smart driving licence contract under the National Bank of Kenya consortium, in which Sh 31,662,815 was lost with no cards printed.

 The petition further alleges that the 21-year contract duration fails to account for the rapidly evolving technological landscape and that no meaningful public participation was conducted.

 It further argues that there are no board resolutions authorising the contract, and that the project lacks a data protection framework despite collecting biometric data, which constitutes sensitive personal information under the Data Protection Act.

 NTSA had announced a June 1, 2026, go-live date for the instant fines system but is now barred from proceeding pending the hearing and determination of the application.