High court petition seeks to halt NTSA motor vehicle inspection rules ahead of rollout

A petition has been filed at the High Court in Nairobi seeking to suspend the implementation of new motor vehicle inspection rules set to take effect on July 1, with the petitioner arguing that the regulations were introduced without adequate public participation.

The case seeks to temporarily stop the implementation and enforcement of the Traffic (Motor Vehicle Inspection) Rules, 2026, pending the hearing and determination of the petition.

Court documents filed through Mugane Law LLP ask the court to issue conservatory orders suspending Kenya Gazette Legal Notice No. 13 of 2026, which formally introduced the regulations.

The petitioner has also requested orders barring the National Transport and Safety Authority (NTSA) from implementing or enforcing the new rules until the matter is fully heard and determined.

According to the court filings, the challenge centres on the process used in introducing the regulations, with the petitioner arguing that constitutional and legal requirements were not properly followed.

The petitioner claims the enactment process failed to satisfy the principle of public participation as provided for under Article 10 of the Constitution.

The application further argues that the regulations were passed unilaterally and should therefore be declared unconstitutional, null and void for allegedly violating constitutional provisions relating to democracy, the rule of law, fair administrative action and public participation.

The court documents also state that allowing the regulations to take effect before the case is heard could result in "irreparable harm" to the public.

The petitioner maintains that suspending implementation would serve the wider public interest while the legal questions surrounding the regulations are addressed.

The High Court is now expected to issue directions on the application and determine whether the implementation of the regulations should be temporarily halted.

The new inspection framework would introduce mandatory annual inspections for all privately owned and government vehicles older than four years from the date of manufacture.

The regulations would also extend to Public Service Vehicles (PSVs), school transport vehicles, locally assembled vehicles, vehicles involved in accidents and those that have undergone structural or mechanical modifications.

If implemented, the rules would significantly expand the scope of mandatory vehicle inspections in Kenya.