The High Court in Kerugoya has temporarily stopped the implementation of a public-private partnership between the National Transport and Safety Authority (NTSA) and a consortium led by Pesa Print Limited, dealing a setback to the planned rollout of smart driving licences and an automated traffic fines system.
Justice Dennis Kizito Magare issued conservatory orders suspending the project until a petition filed by the Road Safety Association of Kenya (RSAK) is heard and determined.
In his ruling, the judge directed that the partnership remain on hold pending the inter partes hearing of the application.
“A conservatory order is issued suspending the implementation of the public-private partnership between the NTSA and Pesa Print Limited consortium in respect of the design, supply, delivery, installation, and maintenance of smart driving licences, automated fines system, and associated services pending inter partes hearing of the application,” ruled Justice Magare.
The petition names NTSA, the Public-Private Partnership Committee, the Directorate of Public-Private Partnerships, the Cabinet Secretary for the National Treasury and the Attorney General as respondents. Pesa Print Limited and KCB Bank Kenya Limited have been joined as interested parties.
The dispute stems from a public notice issued by NTSA on February 25, 2026, announcing the implementation of the project, which was intended to modernise driver identification and traffic law enforcement through digital systems.
RSAK argues that the project was rolled out without adequate public participation and raises concerns about procurement transparency, data protection and the long-term implications of the contract.
According to court documents, the association contends that the proposed 21-year agreement is excessive given the rapid pace of technological change and alleges that the project lacks sufficient safeguards for personal data collected during the issuance of driving licences.
“The Petitioner/Applicant is apprehensive that the project does not have a data protection framework despite biometric data, which is collected in the processing of driving licences, being sensitive personal data,” the court papers state.
The association also accuses NTSA of failing to provide information it requested regarding the project, arguing that the omission violated its constitutional right to access information.
RSAK is seeking orders declaring the partnership unconstitutional and unlawful, compensation for the alleged violation of access-to-information rights, and judicial review orders quashing the contract.
The matter is scheduled for directions on June 21.
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