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Motorists have received a major reprieve after the High Court in Kiambu issued a conservatory order suspending the Notice issued by the National Transport and Safety Authority on enforcement of the mandatory annual inspection for private non-commercial vehicles.
This came the day the regulations were to take effect.
Justice Francis Kyambia halted the enforcement of key provisions of the Traffic (Motor Vehicle Inspection) Rules, 2026 as they relate to privately owned non-commercial vehicles, pending the hearing and determination of a petition challenging their legality.
The court also suspended NTSA's public notice published on June 26 that required annual inspections for private vehicles older than four years starting July 1.
The Wednesday orders were issued in a petition filed by Wilberforce Akello against NTSA, the Cabinet Secretary for Roads and Transport and other respondents.
Legal opposition
"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 as and to the extent that it applies to private non-commercial vehicles," Justice Kyambia ordered.
The judge further directed: "A conservatory order be and is hereby issued suspending the NTSA Notice dated and published on June 26, 2026 in so far and to the extent that it requires annual inspection of private non-commercial vehicles."
Justice Kyambia certified the matter urgent and directed the petitioner to serve the respondents within seven days, who should in return file responses and submissions within 14 days after the service.
The court order effectively stops NTSA from enforcing the new inspection regime against private motorists in the meantime.
The suspension follows mounting legal opposition to the new inspection framework, with at least three separate constitutional petitions now challenging the regulations. One petition was filed by Nairobi-based lawyer Charles Mugane, another by the Law Society of Kenya and a third by lobby group Sheria Mtaani, all arguing that the regulations violate the Constitution and other written laws.
The petitioners argue that the regulations were introduced without adequate public participation and impose substantial financial obligations on private motorists through inspection charges, mandatory inspection stickers and criminal penalties.
They also term the rules unreasonable administrative action, creating punitive sanctions without sufficient legal safeguards.
The new rules require every privately owned vehicle older than four years to undergo annual inspection to be allowed on Kenyan roads. Failure to comply would expose motorists to fines of up to Sh20,000, imprisonment for up to six months, or both, in addition to mandatory inspection fees.
LSK argues that they would significantly increase the cost of vehicle ownership and impose compliance burdens on motorists and businesses without meaningful public consultation, while Sheria Mtaani says the regulations unfairly subject private vehicle owners to compulsory inspections, fees and criminal sanctions through a process that failed to meet constitutional standards of public participation.
The case by Akello will be heard inter partes on July 22, 2026.
