Motorists To Receive Traffic Fines Via SMS, Email In New NTSA Crackdown

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A Police officer and NTSA official flagging down vehicles at Lukenya,Machakos county on March 27,2024 during a crackdown on unroadworthy vehicles and drivers flaunting road safety rules.EVANS HABIL

By Suleiman Mbatiah

Motorists who commit minor traffic offences will soon receive electronic traffic notifications through SMS, email and digital platforms under a new enforcement framework set to take effect on June 1, the National Transport and Safety Authority (NTSA) has announced.

The new system, developed jointly by the NTSA, the National Police Service, the Office of the Director of Public Prosecutions and the Judiciary, is expected to transform how minor traffic offences are enforced by reducing mandatory court appearances and embracing digital monitoring technologies.

Under the framework, motorists accused of committing specified minor offences under Sections 117 and 117A of the Traffic Act will receive a Police Notification of Traffic Offence instead of being required to appear in court immediately.

The notices may be generated through routine police enforcement operations or electronically through traffic cameras and other digital surveillance systems.

Authorities said the reforms are aimed at enhancing road safety, increasing compliance with traffic laws, reducing congestion in traffic courts, and promoting transparency, accountability and efficiency in traffic enforcement.

NTSA Director General Nashon Kondiwa said the revised system follows extensive inter-agency consultations after the withdrawal of an earlier notice on the rollout of the Minor Traffic Offences System.

“We have reviewed the earlier framework together with the National Police Service, ODPP, Judiciary and other enforcement agencies to ensure the new system is legally sound, transparent and efficient in addressing minor traffic offences,” said Kondiwa.

The changes come amid growing concern over road safety in Kenya, where traffic crashes continue to claim thousands of lives annually despite intensified enforcement campaigns.

According to official road safety statistics, speeding, dangerous overtaking, drunk driving, distracted driving and failure to obey traffic signs remain among the leading causes of accidents on Kenyan roads.

The government has in recent years increased the deployment of speed cameras, digital monitoring systems and highway patrol operations in a bid to curb violations and improve compliance with traffic regulations.

However, authorities have continued to face challenges linked to delayed court processes, case backlogs and low settlement rates for minor offences.

Under the new framework, notifications may be served through personal delivery by police officers, by affixing notices to vehicles, or electronically through SMS, email and approved digital traffic enforcement platforms.

Motorists have been urged to ensure their contact details in NTSA registration systems are accurate and up to date.

Kondiwa said motorists would still retain legal protections under the new system, including access to evidence and the right to challenge allegations in court.

“Every motorist will have the right to access supporting evidence, including photographs or video recordings, and may either admit liability and pay the prescribed fine or dispute the allegation before a court of law,” he said.

Each notification will include details of the alleged offence, including the date, time and location of the incident, the prescribed penalty, payment instructions and deadlines for response.

Motorists who admit liability and pay fines within the stipulated period may settle the matter without attending court.

However, the NTSA noted that courts will still retain powers to reduce or refund penalties depending on mitigating circumstances and may also impose demerit points on drivers’ licences where appropriate.

Authorities warned that failure to respond to notifications, pay fines or appear in court when required could attract harsher penalties imposed by the courts.

The NTSA further assured the public that all personal data collected under the digital enforcement system would be handled in accordance with the Constitution and the Data Protection Act.

A detailed frequently asked questions document on the implementation of the minor traffic offences framework has been published on the NTSA website for public access ahead of the June 1 rollout.

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