A second petition has been filed before the High Court challenging the implementation of the new mandatory motor vehicle inspection rules for private vehicles, arguing that the regulations are unconstitutional and were introduced without proper public participation.
In a constitutional petition and an urgent application filed before the Constitutional and Human Rights Division of the High Court, Sheria Mtaani, through advocate Shadrack Wambui, is seeking conservatory orders suspending the enforcement of several provisions of the Traffic (Motor Vehicle Inspection) Rules, 2026, which are scheduled to take effect on July 1, 2026.
“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 in court documents.
According to the petition, the regulations introduce, for the first time in Kenya, a compulsory annual inspection regime for all privately owned vehicles that are more than four years old from their date of manufacture. The petitioner argues that Kenya has more than six million registered motor vehicles, the majority of which are imported second-hand vehicles and would therefore be affected by the new rules.
“The violations complained of are real, imminent and immediate,” the petition states.
Wambui argues 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 fees charged by 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,” the petition reads.
The petitioner further contends that the respondents failed to prepare a Regulatory Impact Statement, did not conduct meaningful public participation, and have not demonstrated compliance with the provisions of the Statutory Instruments Act, 2013.
“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.
The petition also challenges Rule 3(1), arguing that it imposes a blanket inspection requirement based solely on the age of a vehicle without considering its condition, mileage, maintenance history or actual use.
“It is irrational to impose a mandatory inspection obligation triggered by chronological age alone without regard to the actual condition of the vehicle,” Wambui argues.
Another provision under challenge is Rule 12(2), which allegedly allows an inspector to unilaterally classify a vehicle as unroadworthy, resulting in its permanent de-registration without notice, a hearing, compensation or a right of appeal.
“The rule authorizes permanent de-registration without notice, hearing, appeal or compensation, contrary to the Constitution,” the petition states.
The suit also contests Rule 30(1)(d), which criminalises any act intended to “circumvent” the rules.
“The provision is vague because it does not define the prohibited conduct by reference to any objective standard and therefore exposes motorists to arbitrary prosecution,” Wambui argues.
The petitioner further claims that the regulations disproportionately affect lower and middle-income earners.
“The four-year threshold functions, in practical terms, as a proxy for economic status because owners of older vehicles are overwhelmingly persons of modest means,” the petition states.
In support of the application, Wambui points to a public notice issued by NTSA between June 26 and June 28, 2026, directing traffic officers not to enforce the mandatory 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.
According to the application, unless the court intervenes before July 1, millions of private vehicle owners will immediately become subject to new regulatory obligations, mandatory fees and potential criminal sanctions that cannot be undone even if the petition ultimately succeeds.
