Lawyer moves to court to stop NTSA's mandatory vehicle inspection law

 

A Nairobi advocate has moved to the High Court seeking urgent orders to suspend the implementation of the National Transport and Safety Authority's (NTSA) new Motor Vehicle Inspection Rules, just days before they are scheduled to take effect on July 1.

In a constitutional petition filed under certificate of urgency, advocate Charles Mugane argues that the Traffic (Motor Vehicle Inspection) Rules, 2026, published through Legal Notice No. 13 of 2026, were enacted in violation of the Constitution and should be declared null and void.

The lawyer wants the court to halt the rollout of the punitive rules, arguing they were introduced without public participation and would subject motorists to unconstitutional fees and penalties.

Mugane has sued NTSA and the Attorney General, while naming the Law Society of Kenya, Katiba Institute and the Kenya Human Rights Commission as interested parties.

The petitioner is asking the court to immediately suspend the gazette notice and bar NTSA from implementing the regulations pending the hearing and determination of the case.

In court papers, Mugane argues that the rules were introduced in the most opaque way against the fundamental constitutional principle of public participation, insisting that no known method of public participation was exercised when the NTSA purported to gazette the same.

Under the new regulations, all privately owned and government vehicles older than four years from the date of manufacture would be required to undergo annual mandatory inspections.

The petition further challenges the inspection charges, arguing that "the Motor Vehicle Inspection Fees... despite being exorbitant, are unclear as to the criteria used in their determination."

Mugane also objects to the collection of the fees through the eCitizen platform.

He further claims the regulations create harsh criminal sanctions, stating that they impose extremely punitive offences in terms of unfair and arbitrary imprisonment not exceeding six months, as well as hefty fines on conviction or both.

According to the petition, NTSA has previously attempted to introduce the Instant Fines Management System before withdrawing it after legal challenges.

Mugane argues the latest regulations are revenue collection strategies disguised as compliance issues.

The advocate says Kenyans have a legitimate expectation that government agencies will make policies that protect rather than exploit citizens, adding that failure to stop the regulations before July 1 would expose motorists to unconstitutional enforcement and public prejudice.

In the main petition, Mugane wants the High Court to declare the gazette notice unconstitutional, quash the Traffic (Motor Vehicle Inspection) Rules, 2026, and award costs against NTSA.

The petition is pending direction before the Milimani High Court.