A second constitutional petition has been filed at the High Court seeking to stop the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, arguing that the regulations were enacted in violation of the Constitution and without adequate public participation.
The petition, filed before the Constitutional and Human Rights Division by Sheria Mtaani through advocate Shadrack Wambui, seeks conservatory orders suspending the enforcement of several provisions of the new inspection regime as they apply to privately owned, non-commercial vehicles.
The application comes just days before the regulations are due to take effect on July 1, 2026.
In court documents, Wambui argues that the regulations will immediately subject millions of motorists to mandatory annual inspections, inspection fees, criminal penalties and the risk of having their vehicles permanently removed from the register.
"The new regulations will immediately expose millions of Kenyan motorists to mandatory inspection requirements, substantial financial charges, criminal penalties and the risk of losing their vehicles through de-registration," Wambui states.
According to the petition, the rules require all privately owned vehicles that are more than four years old from the date of manufacture to undergo compulsory annual inspections. The petitioner argues that the requirement will affect the majority of Kenya's more than six million registered vehicles, many of which are imported second-hand units.
Wambui contends that the regulations will impose a significant financial burden on motorists through mandatory booking fees payable to the National Transport and Safety Authority (NTSA), in addition to inspection charges levied by designated inspection centres.
"Implementation of the impugned regime is projected to generate billions annually from Kenyan motorists. Despite the magnitude of these collections, the respondents have not disclosed the legal and financial scheme governing the receipt, custody, management and ultimate application of these funds," he argues.
The petition further accuses the government of failing to comply with the Statutory Instruments Act, 2013, arguing that no Regulatory Impact Statement was prepared and that meaningful public participation was not conducted before the rules were gazetted.
"The respondents have not produced any Regulatory Impact Statement, record of public consultation, or evidence of compliance with the Statutory Instruments Act, raising serious questions as to the validity of the entire instrument," the petition states.
Among the provisions being challenged is Rule 3(1), which requires vehicle inspections based solely on the age of the vehicle. Wambui argues that the rule ignores other relevant factors such as maintenance history, mileage and mechanical condition.
"It is irrational to impose a mandatory inspection obligation triggered by chronological age alone without regard to the actual condition of the vehicle," he says.
The petition also challenges Rule 12(2), arguing that it grants inspectors excessive powers to permanently de-register vehicles declared unroadworthy without affording owners due process.
"The rule authorizes permanent de-registration without notice, hearing, appeal or compensation, contrary to the Constitution," Wambui argues.
Another contested provision is Rule 30(1)(d), which criminalises attempts to "circumvent" the regulations. The petitioner argues that the wording is vague and could expose motorists to arbitrary enforcement.
Wambui further contends that the regulations disproportionately affect lower- and middle-income Kenyans because the four-year inspection threshold primarily targets owners of older vehicles, many of whom are people of modest means.
The application also cites a public notice issued by NTSA between June 26 and June 28 directing traffic officers not to enforce the inspection requirement against private motorists pending further communication.
"That public notice is a contemporaneous admission by the respondents themselves that the regime is not presently fit for enforcement," the petition states.
The petitioner argues that unless the High Court intervenes before the regulations take effect, millions of motorists will become subject to new obligations, fees and potential criminal sanctions that cannot be reversed even if the constitutional challenge ultimately succeeds.
"It is in the public interest that subsidiary legislation of such broad and consequential reach be tested for constitutional and procedural validity before, rather than after, it is permitted to operate at scale against the citizenry," Wambui says.
The petition asks the High Court to suspend the operation and enforcement of the disputed provisions of the Traffic (Motor Vehicle Inspection) Rules, 2026, as they apply to private non-commercial vehicles pending the hearing and determination of the constitutional petition.
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