A constitutional petition has been filed at the High Court seeking to stop the implementation of the National Transport and Safety Authority's (NTSA) new mandatory motor vehicle inspection regulations, just days before they are scheduled to take effect.
Constitutional lawyer Charles Mugane moved to court on Monday, June 29, arguing that the regulations were introduced without adequate public participation, making them unconstitutional. He is also challenging the legality of the Ksh2,000 inspection fee and the Ksh20,000 penalty for motorists who fail to comply.
According to the petition, the new inspection framework violates constitutional provisions that require public participation and fair administrative action before significant government policies or regulations are implemented.
Mugane argues that NTSA failed to consult motorists, transport stakeholders, and the wider public before rolling out the regulations. He further claims that the inspection charges amount to unlawful levies because they were introduced without the necessary legal authority.
The lawyer is asking the High Court to suspend the implementation of the regulations until the case is heard and determined.
The legal challenge comes only two days before the nationwide inspection programme is expected to begin on Wednesday, July 1.
It also follows growing opposition to the regulations from political leaders and motorists. The opposition has announced plans to file a separate court petition challenging the same rules.
DAP-K party leader Eugene Wamalwa has criticised the mandatory annual inspection requirement, saying it places an unnecessary financial burden on Kenyans who are already struggling with the rising cost of living.
Under the original regulations, all vehicles older than four years from the date of manufacture, including privately owned vehicles, were required to undergo annual inspections at a cost of Ksh2,000. Motorists who failed to present their vehicles for inspection faced a Ksh20,000 fine.
However, following widespread public criticism, NTSA softened its position by directing traffic police officers not to enforce the mandatory inspection requirement against private vehicle owners.
In a statement issued on Sunday, June 29, the authority assured motorists that private vehicles would not be targeted during routine road checks over the inspection requirement.
NTSA also announced temporary relief for school transport operators and commercial service vehicle owners, saying they would not face penalties for failing to comply with some of the newly introduced requirements until further notice.
The High Court's decision on Mugane's application could determine whether the regulations proceed as planned or are temporarily halted pending the outcome of the constitutional petition.