NAIROBI, Mar 25 — Motorists have received temporary relief after the High Court declined an application by the National Transport and Safety Authority (NTSA) to lift conservatory orders stopping instant traffic fines. 🚗⚖️
The case stems from petitions filed by several applicants challenging the legality of NTSA’s enforcement of on-the-spot fines. They argue that:
- The fines are procedurally flawed
- Motorists are treated unfairly
- The system affects substantive rights without proper safeguards
Court: All Parties Must Be Heard
The court ruled that the matter cannot be handled ex parte, citing strong public interest and the wider impact on Kenyan drivers.
Instead, the judge directed that the applications must be heard inter partes, meaning all involved parties must participate, including:
- NTSA
- Petitioners
- State Law Office
- KCB Bank Kenya
Conservatory Orders Remain in Force
The judge also noted that the current conservatory orders are effectively final in nature, since they affect substantive rights. Because of this, any attempt to vary or remove them must follow a full hearing.
🗣️ “The combination of public interest, status quo, and substantive rights necessitates that both applications be canvassed inter partes before any orders can be issued,” the judge stated.
What This Means for Nairobi Motorists
- 🚫 Instant fines remain suspended for now
- ⚖️ The case will proceed to a full hearing
- 🚗 Traffic enforcement will continue under existing legal processes
Motorists are still advised to follow traffic rules, as regular enforcement and court-based penalties remain in place.
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