NTSA Rules Challenged
Nairobi Lawyer Seeks to Halt NTSA Vehicle Inspection Rules Over Public Participation
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Key Points
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The charges include a Ksh2,000 vehicle inspection fee and a Ksh20,000 fine, with offences potentially carrying imprisonment for up to six months under the new rules.
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The rules were gazetted as Legal Notice No. 13 of 2026, and advocate Mugane has moved to halt their implementation with conservatory orders pending court determinations.
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Opposition to the plan is being organized by DAP-K, with lawyer Ndegwa Njiru leading the court challenge against NTSA.
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NTSA has indicated enforcement will not occur during routine road checks, and exemptions apply for school transport and certain commercial vehicles under related rules (e.g., Rule 13 and Rule 14 concerning school transport and telematics).
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The petition foregrounds Article 10 of the Constitution, arguing the process lacked meaningful public participation and due transparency, pointing to broader questions about public involvement in gazetting the rules.
A Nairobi lawyer filed an urgent petition on June 29 to block the government from launching mandatory vehicle inspections on July 1, 2026. Advocate Charles Mugane asked the Milimani High Court to suspend the Traffic (Motor Vehicle Inspection) Rules, 2026, arguing they were pushed through without proper public input, according to Citizen Digital.
The rules, gazetted as Legal Notice No. 13 of 2026, require all private vehicles older than four years to pass an annual inspection. Owners must pay a KSh 2,000 fee and book through the eCitizen portal. Anyone caught driving without a valid sticker faces a KSh 20,000 fine or up to six months in jail, Pulse Kenya reported.
Mugane Argues Rules Violate the Constitution
Mugane named the NTSA and the Attorney General as respondents. He also listed the Law Society of Kenya, the Katiba Institute, and the Kenya Human Rights Commission as interested parties. He is asking the court for conservatory orders — meaning a temporary freeze on the rollout while the case is heard.
His petition leans heavily on Article 10 of the Constitution, which requires the government to involve the public in major policy decisions. Mugane argues the process was "opaque" and that the government never explained how it settled on KSh 2,000 as the inspection fee. He called the entire exercise "a revenue collection drive disguised as a road safety initiative," according to The Standard.
Earlier Court Challenge Failed, But New Legal Angles Emerge
This is not the first legal fight over the rules. In April 2026, Justice Maureen Odero dismissed a separate challenge by the Road Safety Association of Kenya. She ruled that public participation need only be "meaningful, not perfect," a precedent that currently favors the government, according to Streamline Feed.
But legal analysts say Mugane's petition opens new ground. His focus on the transparency of fee-setting and the mandatory use of eCitizen as the only payment channel gives the court fresh questions to answer. As of late June, the NTSA had not yet licensed any private inspection centers, meaning all vehicles would need to queue at overstretched government sites, Streamline Feed noted.
Opposition Mounts Separate Political and Legal Fight
Hours after Mugane filed his petition, DAP-K leader Eugene Wamalwa announced the opposition would file its own court challenge. He instructed lawyer Ndegwa Njiru to contest the "practicability and illegality" of the policy. Wamalwa asked: "Kenyans are stretched... how much more do you think Kenyans can take?" according to Nairobi Leo.
Former Deputy President Rigathi Gachagua went further on June 27, threatening a national tax boycott if the rules proceed. He labeled the scheme a "KSh 12 billion shakedown" tied to President Ruto's 2027 re-election campaign, Citizen Digital reported. If fully enforced across Kenya's roughly 2.4 million non-motorcycle vehicles, the annual intake could reach between KSh 6 billion and KSh 12 billion.
NTSA Promises Soft Launch but Stands Firm on July 1
The NTSA has tried to calm nerves ahead of the rollout. Director General Nashon Kondiwa said traffic officers will not enforce the inspection rules during routine road checks for private cars, at least initially. He also confirmed that school transport vehicles and certain commercial vehicles are exempt under related rules, Pulse Kenya reported.
Cabinet Secretary Davis Chirchir defended the KSh 300 million cost of building each inspection center, saying road accidents "contribute negatively on the country's economic and social growth." The NTSA insists the eCitizen payment system removes cash handling and adds transparency. The court must now decide before July 1 whether the rollout can legally go ahead.
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