The High Court has suspended the implementation and enforcement of the National Transport and Safety Authority’s (NTSA) mandatory annual inspection requirement for private non-commercial motor vehicles. The decision affects millions of private motorists and marks the beginning of a constitutional challenge to the new inspection regime.
Background
On 26th June 2026, NTSA announced the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026). Among the changes introduced was a requirement that private non-commercial vehicles older than four years undergo mandatory annual inspections before being permitted to operate on Kenyan roads. The Rules were scheduled to take effect on 1st July 2026.
The announcement sparked widespread public debate. While the objective of improving road safety was generally welcomed, concerns were raised regarding the legality of the new Rules, the adequacy of public participation, and the financial and administrative burden the inspection requirement would place on private vehicle owners.
A constitutional petition was subsequently filed before the High Court at Kiambu challenging the legality of the impugned provisions and seeking conservatory orders to suspend their implementation pending the hearing of the case.
The Court’s Ruling
In Wilberforce Akello v National Transport and Safety Authority, Cabinet Secretary for Roads and Transport & Others (HCCHRPET/E066/2026), the High Court certified the matter as urgent and, on 1 July 2026, issued conservatory orders suspending the operation and enforcement of Rule 3(1), Rule 12(2), Rule 16(4), Rule 30(1)(d) and the First Schedule of the Traffic (Motor Vehicle Inspection) Rules, 2026, insofar as they apply to private non-commercial vehicles. The Court also suspended NTSA’s public notice dated 26th June 2026 requiring annual inspections for such vehicles.
The application is scheduled for an inter partes hearing on 22nd July 2026, and the conservatory orders will remain in force pending that hearing.
What Does the Ruling Mean?
The Court has not declared the Traffic (Motor Vehicle Inspection) Rules, 2026 unconstitutional. Rather, it has suspended their enforcement against private non-commercial vehicles while it considers the issues raised in the petition.
For now:
- NTSA cannot enforce the mandatory annual inspection requirement against private non-commercial vehicles.
- Owners of private non-commercial vehicles cannot be compelled to present their vehicles for annual inspection under the suspended provisions.
The orders do not affect inspection requirements applicable to commercial vehicles, public service vehicles (PSVs), school transport vehicles or any other category of vehicle not covered by the Court’s orders.
Key takeaway
The ruling preserves the status quo while the Court determines the legality and constitutionality of the new inspection regime. Until then, private motorists are not required to comply with the suspended inspection requirements, while the substantive issues raised in the petition await determination.
We will continue monitoring the proceedings and provide further updates as the matter progresses through the courts.
Disclaimer: This publication is intended solely for general information and does not constitute legal advice. Specific legal advice should be obtained based on the facts of each case.
By: Caroline Rotich
For advice on the issues discussed in this article, please contact Caroline Rotich at
caroline@rotmatadvocates.co.ke or visit www.rotmatadvocates.co.ke.
