By Erestinah Jane, June 29, 2026
A second constitutional petition has been filed at the High Court seeking to suspend the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, adding fresh legal pressure on the National Transport and Safety Authority (NTSA) just days before the regulations are set to take effect.
The latest petition, filed on Monday under a certificate of urgency by Sheria Mtaani through advocate Shadrack Wambui, seeks conservatory orders to stop the implementation of the regulations pending the hearing and determination of the case.
The application comes only hours after a similar constitutional petition was lodged by constitutional lawyer Charles Mugane of Mugane Law LLP, making it the second legal challenge against the controversial regulations within a single day.
In the first petition, Mugane sued the NTSA and the Attorney General, while naming the Law Society of Kenya (LSK), Katiba Institute and the Kenya Human Rights Commission (KHRC) as interested parties.
The second petition by Sheria Mtaani places particular emphasis on the immediate impact the regulations would have on millions of private vehicle owners, arguing that motorists face the risk of penalties and possible deregistration of their vehicles under a regulatory framework that is not yet ready for implementation.
Both petitions urge the Constitutional and Human Rights Division of the High Court to declare Kenya Gazette Legal Notice No. 13 of 2026 unconstitutional, illegal and therefore null and void.
Among the key issues raised by the petitioners is the alleged lack of adequate public participation before the regulations were gazetted.
The lawyers argue that NTSA failed to conduct meaningful consultations with members of the public and stakeholders as required under Article 10 of the Constitution, rendering the rules procedurally defective.
The petitions also challenge the mandatory Ksh2,000 inspection booking fee, arguing that it amounts to an unlawful levy introduced without proper statutory authority.
In addition, they contest the penalties prescribed under the regulations, including a Ksh20,000 fine or a six-month jail term for non-compliance, describing the sanctions as punitive and disproportionate.
Advocate Wambui further points to NTSA’s recent public notice suspending enforcement of mandatory inspections for private vehicles during roadside checks, arguing that the authority’s decision amounts to an admission that the regulatory and operational framework is not yet ready for implementation.
According to the petition, the suspension demonstrates that the inspection infrastructure, including the licensing of private inspection centres, remains incomplete, making enforcement of the regulations premature.
The petitioners also warn that allowing the regulations to take effect on July 1 without judicial intervention would expose millions of motorists to criminal liability and other legal obligations before the constitutional questions surrounding the rules have been determined.
They argue that such consequences would cause irreparable harm to vehicle owners and undermine public confidence in the regulatory process.
The High Court is expected to issue directions on the urgent applications and determine whether to grant temporary conservatory orders suspending the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, pending the hearing and determination of the constitutional petitions.
The outcome of the cases is likely to have significant implications for the planned rollout of the inspection regime, particularly for commercial, school and public service vehicles, as well as the future implementation of mandatory inspections for private motor vehicles.
