LSK, rights groups move to block NTSA vehicle inspection rules

The High Court has been moved to stop the implementation of the National Transport and Safety Authority’s (NTSA) newly gazetted regulations requiring mandatory inspection of private vehicles that are more than four years old from the date of manufacture.

The petitions, filed separately by the Law Society of Kenya, rights lobby Sheria Mtaani, and advocate Charles Mugane, seek conservatory orders suspending the regulations, arguing that they were introduced without adequate public participation and are therefore unconstitutional.

The legal challenge comes just days after NTSA gazetted the new rules introducing mandatory annual inspections for privately owned vehicles that are more than four years old from the date of manufacture. The regulations were expected to take effect on 1 July, triggering widespread concern among motorists and transport stakeholders.

In its petition, the Law Society of Kenya argues that the government failed to conduct meaningful public participation before introducing regulations that significantly affect millions of vehicle owners. LSK maintains that the rules impose new legal obligations and financial burdens on motorists without giving the public an opportunity to express their views as required under the Constitution.

Sheria Mtaani also contends that the regulations introduce compulsory inspection fees, increased financial costs, criminal penalties for non-compliance, and the possibility of restrictions on the use of vehicles that fail inspection. The rights group argues that the regulations will disproportionately affect ordinary Kenyans, many of whom rely on older second-hand vehicles for personal and commercial use.

The lobby further questions the transparency of the inspection programme, noting that while the regulations could generate billions of shillings annually, NTSA has not clearly explained how the funds collected through inspection fees will be administered, managed, or accounted for.

In a separate petition, advocate Charles Mugane of Mugane Law LLP argues that the process leading to the enactment of the regulations failed to satisfy constitutional and statutory requirements, particularly on public participation and procedural fairness. He asks the court to suspend the regulations pending the hearing and determination of the case.

According to the petitioners, Kenya has more than six million registered vehicles, the majority of them imported second-hand units. They argue that requiring annual inspections for all private vehicles older than four years could overwhelm vehicle owners with additional costs while exposing many motorists to enforcement action.

The High Court is expected to issue directions on the two petitions, a decision that could determine the future implementation of the controversial inspection regime.

Meanwhile, in a significant development, NTSA has announced the temporary suspension of enforcement of the mandatory inspection requirement.

In a statement, NTSA Director General Engineer George Njao said the implementation of Section 55 of the Traffic Act relating to mandatory inspection of private vehicles has been suspended following consultations with Parliament.

“The implementation of Section 55 of the Traffic Act with respect to private vehicles has been suspended following consultations with Parliament. This means traffic officers shall not enforce the mandatory inspection requirement on private vehicles effective 1 July,” the statement read.

The suspension offers temporary relief to millions of motorists as legal and parliamentary processes continue. However, the fate of the regulations now rests with both the courts and ongoing consultations between the government and lawmakers.