The Motorists Association of Kenya (MAK) has called on the National Transport and Safety Authority (NTSA) to clarify key aspects of the newly introduced instant traffic fines system, citing gaps in due process, oversight, and public consultation.
In a letter dated March 9, 2026, the lobby highlighted unanswered questions around motorists’ rights, the technology used, and the management of collected penalties.
MAK, a recognized member of the National Council on the Administration of Justice (NCAJ), said the public notice on Instant Fines Management and its implementation under the Traffic (Minor Offences) Rules No. 161 of 2016 leaves critical operational and legal details unclear.
The NCAJ brings together state and non-state actors, including the National Police Service, the Office of the Director of Public Prosecutions (ODPP), and the Law Society of Kenya (LSK).
“The Motorists Association of Kenya (MAK)… write to seek clarification on following issues arising from the said notice,” the letter stated, underscoring the association’s demand for transparent guidelines.
One major concern is the lack of a clear procedure for motorists who wish to challenge fines issued under the instant system.
“The notice does not clarify the procedure for motorists who wish to plead not guilty to offences cited under the instant fines regime,” MAK noted, adding that NTSA should ensure disputes are processed without creating “unnecessary congestion within the justice system.”
The association also questioned the reliability and accuracy of automated enforcement devices, including speed cameras, urging NTSA to provide information on calibration, certification, and regular verification.
“Kindly provide details on the calibration, certification, and periodic verification of speed cameras and other automated enforcement devices, including the institutions responsible for such certification,” MAK said.
Further, MAK expressed concern over the potential for automated systems to operate without sufficient safeguards, warning that such platforms could appear to function simultaneously as investigator, judge, and executioner.
“Clarification is required on safeguards put in place to address concerns that automated camera systems may appear to act simultaneously as investigator, judge, and executioner, and how due process will be guaranteed to motorists,” the letter read.
The motorists’ group also demanded transparency on the financial management of fines, seeking to know the designated accounting officer and the account or fund where penalties will be deposited.
They questioned whether adequate public participation was undertaken before the system was introduced. “Since the implementation of such a framework requires public participation, kindly indicate when and where such public participation was conducted and which stakeholders attended or were consulted,” the association said.
Finally, MAK asked for details on how the Notice to Attend Court (NTAC) mechanism will operate within the new framework. “In view of the public interest surrounding this matter, we kindly request your response and clarification on the above issues within 48 hours,” the letter concluded.
The concerns come as NTSA rolls out a fully automated Instant Fines Traffic Management System that notifies motorists of traffic violations via SMS. Speaking during the launch, Director General Nashon Kondiwa said the platform is designed to operate without human intervention, aiming to enhance transparency, efficiency, and accountability in traffic enforcement.
