Kerugoya Court Halts NTSA Smart Licence and Instant Fines System Over Privacy and Constitutional Concerns

The Kerugoya High Court has temporarily halted implementation of the National Transport and Safety Authority (NTSA) smart driving licence programme and the automated traffic fine system, pending the hearing and determination of a petition challenging the project's legality.

Justice Magare Dennis Kizito issued the conservatory order on May 29, 2026, restraining NTSA from proceeding with its public-private partnership with Pesa Print Limited, which was set to overhaul driver licensing and introduce a digitised enforcement framework for traffic offences.

In his ruling, the judge stated that the suspension applies to all components of the agreement, including the design, supply, delivery, installation, and maintenance of smart driving licenses, as well as the operationalisation of the automated fines system and related services. The order will remain in force until the application is heard inter partes and a determination is made on the substantive petition.

The disputed project had earlier been announced by NTSA on February 25, 2026, through a public notice titled “Disclosure on the Implementation of the Public Private Partnership (PPP) Strategic Partnership for the Design, Supply, Delivery, Installation and Maintenance of Smart Driving Licences and Associated Services."

The notice, published across various platforms including NTSA’s official X account, outlined a collaboration involving NTSA, KCB Bank Limited, and Pesa Print Limited.

According to the petitioners, the partnership seeks to modernise Kenya’s driver licensing system through the production and issuance of second-generation smart driving licences, alongside the deployment of an instant fines enforcement mechanism targeting minor traffic offences. NTSA had previously indicated that the new enforcement framework was scheduled to take effect from June 1, 2026.

However, the petition challenges the legality of the rollout, arguing that the project contravenes constitutional and statutory provisions. Central to the dispute is the alleged absence of a comprehensive data protection framework, despite the system’s reliance on biometric data classified as sensitive personal information.

The petitioner further argues that proceeding with the project would result in irreparable harm, including violations of the right to privacy, erosion of constitutional safeguards, and normalisation of unlawful administrative action.

“The implementation of the project should be suspended pending the hearing and determination of the application and petition to prevent irreversible constitutional harm,” part of the court filing states.

The matter is scheduled for mention on June 21, 2026, for further directions as parties prepare to present their arguments.