NTSA Moves to Court Seeking Order to Reinstate Instant Traffic Fines After High Court Suspension

Akoth
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The National Transport and Safety Authority has announced plans to seek a court order that would allow it to continue enforcing recently introduced instant traffic fines. 

The move comes after the High Court of Kenya suspended the implementation of the fines following a petition challenging the policy.

Speaking during a press briefing on Thursday, March 12, the authority’s Director General Nashon Kondiwa said the agency will request an injunction from the High Court to allow enforcement of the fines to continue while the case is being heard.

According to Kondiwa, the authority intends to apply for a temporary injunction that would maintain the current situation and prevent what it views as possible harm to road safety efforts. 
Such an order would allow the authority to enforce the fines until the court fully hears and determines the petition that has been filed against the policy.

The High Court had earlier ordered the suspension of the instant fines after petitioners raised concerns about the legality and fairness of the new system. 

The petition argues that the fines may have been introduced without proper public participation or legal procedures.

Following the court’s decision, enforcement of the fines was halted, creating uncertainty over how traffic offences would be handled under the new system. 

The NTSA now hopes the court will allow the program to proceed temporarily while the legal questions are addressed.

During the briefing, Kondiwa emphasized that the authority’s main goal is to improve road safety and reduce traffic violations across the country. 

He explained that the instant fines system was designed to make it easier and faster to deal with traffic offences.

According to him, the system is meant to encourage drivers to follow traffic rules and reduce cases of reckless driving, speeding, and other dangerous behaviors on the roads.

“Our intention is to ensure that road users follow traffic regulations so that we can reduce accidents and save lives,” Kondiwa said.

He added that seeking the injunction demonstrates the authority’s commitment to ensuring that road safety measures continue even as legal issues surrounding the policy are being addressed in court.

Instant fines were introduced as part of broader reforms aimed at strengthening traffic law enforcement. 

Under the system, motorists who commit certain offences can be issued fines immediately instead of going through lengthy court processes.

Supporters of the policy argue that the approach could help reduce delays in dealing with traffic offences and improve compliance with road safety rules. 

However, critics say the system could be misused if there are not enough safeguards to protect motorists.

Legal experts say the High Court will consider the arguments presented by both sides before deciding whether to grant the temporary injunction requested by the NTSA.

If the court approves the request, the authority would be allowed to resume enforcing the instant fines while the case continues in court. 

If the request is denied, enforcement of the fines would remain suspended until the petition is fully heard and determined.
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