The Lower Eastern Times Opening The Third Eye
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The High Court in Kerugoya has temporarily suspended the implementation of a multi-billion-shilling public-private partnership between the National Transport and Safety Authority (NTSA) and a consortium led by Pesa Print Limited.
Justice Magare Dennis Kizito issued conservatory orders stopping the rollout of the contract pending the hearing of a petition challenging its legality.
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The ruling halts the design, production, and deployment of smart driving licences, as well as the planned automated traffic fines system and related services.
The court directed all parties to be served ahead of the next inter partes hearing, where the matter will be further addressed.
The case was filed by the Road Safety Association of Kenya (RSAK), which is challenging the agreement alongside NTSA, the Public-Private Partnership Committee, the PPP Directorate, the National Treasury Cabinet Secretary, and the Attorney General. Pesa Print Limited and KCB Bank Kenya Limited have been included as interested parties.
At the centre of the dispute is a February 25, 2026 NTSA public notice announcing the partnership aimed at modernising driving licence services and introducing an instant fines system.
The petition argues that the project has raised concerns over transparency, public participation, procurement processes, and data protection safeguards.
The association also questions the long-term 21-year contract, alleging it may not adequately reflect fast-changing digital technologies, and claims the project proceeded without proper internal approvals.
It further argues that the system involves sensitive biometric data but lacks a clear data protection framework, potentially exposing citizens’ privacy rights.
The petitioner also claims that NTSA failed to provide requested information within the required timelines, alleging a violation of the right of access to information, and is seeking declarations that the project is unconstitutional and unlawful.
The case will be mentioned again on June 21, 2026 for directions.
