Lawyer and human rights defender Charles Mugane has moved to the High Court seeking to stop the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, arguing that the regulations were introduced in violation of the Constitution.
The constitutional petition, filed under a certificate of urgency at the Constitutional and Human Rights Division of the High Court, seeks conservatory orders suspending the implementation of Legal Notice No. 13 of 2026 before the rules take effect on July 1, 2026.
In the case filed against the National Transport and Safety Authority (NTSA) and the Attorney General, Mugane contends that the regulations were gazetted without adequate public participation, contrary to Article 10 of the Constitution, which requires transparency, accountability and public involvement in decision-making. The Law Society of Kenya, Katiba Institute and the Kenya Human Rights Commission have been named as interested parties in the proceedings.
According to the petition, the new regulations will require all privately owned motor vehicles older than four years from the date of manufacture to undergo mandatory annual inspections beginning July 1, 2026. The rules also provide for inspection fees, penalties for non-compliance and the issuance of inspection stickers after successful inspections.
Mugane argues that the inspection fees introduced under the regulations are excessive and that NTSA has not explained the criteria used in determining the charges. He further challenges the requirement that payments be processed through the eCitizen platform, alleging concerns over accountability and transparency.
The petition also claims that the regulations create harsh penalties, including fines and imprisonment of up to six months for certain offences, which Mugane argues could expose motorists to abuse and arbitrary enforcement. He further alleges that the regulations amount to a revenue collection mechanism disguised as a road safety initiative rather than a genuine public safety measure.
In his application, Mugane asks the court to suspend the implementation of the regulations pending the hearing and determination of the petition. He argues that allowing the rules to take effect before the case is heard would expose Kenyans to irreparable harm and render the constitutional challenge ineffective.
Among the final orders sought, the petitioner wants the High Court to declare the gazettement of the Traffic (Motor Vehicle Inspection) Rules, 2026 unconstitutional, quash Legal Notice No. 13 of 2026 and award the costs of the petition against NTSA.
The matter is now expected to be placed before the High Court for directions on the application for conservatory orders before the new inspection regulations come into force.
