Motorists holding physical vehicle logbooks have received temporary relief after the High Court barred the National Transport and Safety Authority (NTSA) from permanently discontinuing or invalidating the documents pending determination of a petition challenging the rollout of the e-Logbook system. Justice Patricia Nyaundi Mande issued the conservatory order in a case filed by Javan Onyango and Emmanuel Kiplagat, who have challenged the implementation of the electronic motor vehicle registration certificate. “Pending the hearing and determination of the Petition, a Conservatory Order hereby issues restraining the respondents from permanently discontinuing or invalidating existing physical Certificates of Registration (Logbooks) held by members of the public,” the court ordered.
The decision means motorists who still hold physical logbooks can continue relying on them while the constitutional challenge against the digital system remains before the court. However, the judge declined to suspend the entire e-Logbook programme, allowing NTSA to continue operating the electronic registration system as the case proceeds.
Onyango and Kiplagat moved to court raising questions over how the e-Logbook programme was introduced, including allegations of inadequate public participation, data protection concerns, cybersecurity risks and digital exclusion. They also challenged charges associated with the system and accused NTSA of failing to disclose documents they say are crucial in determining whether the programme complied with constitutional and statutory requirements. Among the documents sought by the petitioners are Data Protection Impact Assessments, cybersecurity audit reports, records of public participation, procurement documents and legal approvals relating to the rollout.
NTSA, however, defended the system, telling the court that the electronic motor vehicle register is not a new creation and has been operational since 2014 through the Transport Integrated Management System (TIMS). The authority maintained that the e-Logbook is an administrative upgrade to the existing registration system rather than the introduction of a new legal framework. NTSA also told the court that physical logbooks remain valid and that motorists have not been given a mandatory deadline to convert them into electronic records. It further defended the security of the digital system, citing measures including encryption and QR-code verification intended to improve vehicle ownership verification and curb fraud.
In considering the competing arguments, Justice Nyaundi noted that the electronic motor vehicle register has a statutory foundation under the Traffic Act and has existed since 2014. The court consequently declined the petitioners’ request to halt the entire e-Logbook programme but found it necessary to protect motorists holding existing physical logbooks until the substantive dispute is determined.
The petition will now proceed to full hearing, where the court is expected to determine the broader legal and constitutional questions surrounding NTSA’s implementation of the e-Logbook system.
