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| The High Court of Kenya |
The High Court of Kenya has temporarily stopped the implementation of newly introduced instant traffic fines by the National Transport and Safety Authority (NTSA) following a legal challenge by a city lawyer.
Justice Bahati Mwamuye issued conservatory orders on Thursdasy, March 12, restraining the authority from enforcing the system pending the hearing and determination of a petition contesting the directive.
In the ruling, the judge barred NTSA and other parties from issuing or enforcing traffic penalties generated through automated systems.
“A conservatory order is hereby issued restraining the Respondents and the Interested Party, their officers, agents, or anyone acting on their behalf, from issuing, demanding, or enforcing instant or automated traffic fines generated through algorithm-based systems, including the Instant Fines Traffic Management System,” Justice Mwamuye directed.
The order means the authority cannot issue, generate, or enforce the instant traffic fines produced through algorithm-based or other automated decision-making systems under the Instant Traffic Management System until the case is determined.
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| NTSA cameras |
The case was filed by lawyer Shadrack Wambui, who moved to court alongside the lobby group Sheria Mtaani to challenge the directive introducing the new fines.
During the proceedings, the court also raised concerns over the selection of a single bank designated to receive payments from the fines. As a result, the judge ordered that the bank be included in the case as an interested party.
Justice Mwamuye further directed the petitioner to immediately serve the respondents, including the Office of the Attorney General of Kenya and the NTSA, with the petition and the court orders.
The petitioner has been instructed to file an affidavit confirming service by the close of business on Friday, March 13.
The matter is scheduled to be mentioned on April 9 to confirm compliance and provide directions on the hearing and determination of the petition.
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