In a major legal setback for the National Transport and Safety Authority (NTSA), the High Court has issued conservatory orders freezing the rollout of the controversial multi-billion-shilling smart driving licence and automated traffic enforcement system. The ruling, delivered by Justice Dennis Kizito Magare, halts the execution of a 21-year public-private partnership (PPP) between the NTSA and a consortium led by Pesa Print Limited, pending the full hearing of a constitutional petition.
The project, which was officially scheduled to go live on June 1, 2026, aimed to introduce second-generation smart driving licences and a nationwide network of 1,000 traffic surveillance cameras to facilitate instant fines. However, the Road Safety Association of Kenya (RSAK), which filed the petition, successfully argued that the deal was marred by procedural irregularities and lacked essential constitutional safeguards.
At the center of the dispute are serious allegations of illicit procurement. The petitioners contend that Pesa Print Limited was awarded the contract through direct procurement rather than competitive bidding, despite the company being previously flagged by the Auditor General over a failed 2017 project where over KSh31 million was lost without a single card being printed.
Beyond the procurement concerns, the court heard that the project lacks a robust data protection framework. Given the system’s requirement to collect sensitive biometric data from millions of Kenyan motorists, the petitioners argued that the absence of clear oversight poses an immediate threat to the right to privacy. Furthermore, critics have blasted the 21-year duration of the contract, arguing it is an excessive timeframe that fails to account for rapid technological evolution and locks the government into a potentially obsolete system.
“Unless the implementation is suspended, there will be irreparable harm in the form of the erosion of constitutional values and the normalization of illegalities,” the petition noted.
Justice Magare has certified the matter as urgent, warning that any disobedience of the court’s order will attract severe penal consequences for government officials. The NTSA, the National Treasury, and the Attorney General have been directed to file their responses within ten days. The case is scheduled for further mention on June 21, 2026.
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