Court suspends NTSA’s mandatory annual inspections for private non-commercial vehicles

Private vehicle owners have secured a temporary reprieve after the High Court in Kiambu suspended the enforcement of mandatory annual inspections for private non-commercial vehicles, pending the hearing and determination of a case challenging the new regulations.

Justice Francis Nyungu Kyambia on Wednesday issued conservatory orders halting the implementation of NTSA's June notice that required annual inspections for private vehicles.

The orders arose from a petition filed by Wilberforce Akello against the National Transport and Safety Authority (NTSA), the Cabinet Secretary for Roads and Transport and other respondents.

According to court documents, the petition and a Notice of Motion dated June 29, 2026, were placed before the court under a certificate of urgency. Justice Kyambia certified the matter as urgent and directed that it be heard on a priority basis.

"THAT the Notice of Motion dated 29/06/2026 is certified urgent," the court directed.

The court then issued conservatory orders suspending several provisions of the Traffic (Motor Vehicle Inspection) Rules, 2026, as far as they apply to private non-commercial vehicles.

In the ruling, Justice Kyambia ordered: "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 also stopped the implementation of the notice published by NTSA on June 26, 2026, which introduced annual inspections for private vehicles.

"THAT a conservatory order be and is hereby issued suspending the 1st Respondent Notice dated and published on 26/06/2026 in so far and to the extent that it requires annual inspection of private non-commercial vehicles," the order stated.

The decision means the contested regulations cannot be enforced against private non-commercial vehicle owners until the court determines the issues raised in the petition.

Justice Kyambia directed the petitioner to serve the petition, application and court orders on the respondents within seven days. The respondents were granted 14 days from the date of service to file their responses and submissions.

The matter is scheduled for an inter-parties hearing on July 22, 2026.

The court further ordered that the conservatory orders "shall remain in force" until the application is heard and determined.

The case now opens a legal battle over the validity of the annual inspection requirement, with the court expected to determine whether the regulations can be enforced on private non-commercial vehicles.