The High Court has temporarily halted the implementation of the National Transport and Safety Authority’s (NTSA) directive requiring annual inspections for privately owned, non-commercial vehicles, pending the hearing of a legal challenge against the policy.
In orders issued on Wednesday, Justice Francis Kyambia granted conservatory relief suspending the enforcement of the Traffic (Motor Vehicle Inspection) Rules as they relate to private vehicles that are not used for commercial purposes.
The court directed that the orders will remain in effect until June 22, 2027, when the application is scheduled for an inter partes hearing.
The ruling followed a petition contesting the legality of the inspection requirement, with the petitioner arguing that the new regulations should not take effect before the issues raised are fully determined by the court.
The suspension also affects several related provisions tied to the inspection regime, including procedures governing vehicle inspections, re-inspections for vehicles found to have defects, and enforcement measures linked to compliance.
Penalties for motorists operating without valid inspection certificates, as well as the impounding of affected vehicles under the disputed rules, have also been put on hold.
As part of the court’s directions, the petitioner has been given seven days to serve the petition, the notice of motion and the court order on all respondents.
The NTSA and the Cabinet Secretary for Roads and Transport will then have 14 days after being served to file their responses and submissions before the matter proceeds for hearing.
The legal dispute comes amid growing opposition to the new inspection regulations, which have attracted several court challenges from individuals questioning the proposed road safety measures.
At least four separate petitions have been filed against the directive, reflecting the widespread debate surrounding the policy.
The court’s decision means the contested inspection requirements for privately owned, non-commercial vehicles will remain suspended until the matter is heard and determined.
The outcome of the case is expected to shape the future of the government’s proposed vehicle inspection framework and clarify the legality of the regulations.
