NTSA Suspends Controversial Vehicle Inspection Rules Amid Legal Battle
The implementation of the controversial National Transport and Safety Authority (NTSA) Vehicle Inspection Regulations 2026 has been challenged in court, days after the authority suspended their rollout following widespread public opposition.
Constitutional lawyer Charles Mogane has filed a petition seeking to halt the implementation of the regulations, arguing that the process leading to their enactment violated the Constitution by failing to meet the legal threshold for public participation.
The regulations, which had been scheduled to take effect on July 1, 2026, would require all private motor vehicles older than four years to undergo mandatory annual inspections. Vehicle owners would be required to pay KSh2,000 for the exercise, comprising KSh1,000 for booking and KSh1,000 for the inspection itself. Motorcycles and three-wheelers would be charged KSh500.
Following public uproar, NTSA announced an indefinite suspension of the mandatory inspections. In a statement, the authority directed that traffic police officers should not enforce the requirement on private vehicle owners until further notice, adding that the public would be informed once implementation and enforcement dates are determined.
Despite the suspension, Mogane argues that the regulations remain legally defective and should be nullified by the courts. He contends that the introduction of new charges and obligations on motorists requires meaningful public participation in accordance with Article 10 of the Constitution.
Lawyers supporting the petition have also questioned the financial burden the regulations would impose on Kenyans amid the current economic challenges. They argue that mandatory inspection fees would increase the cost of owning a vehicle while exposing motorists to possible harassment and abuse during enforcement.
Critics further claim that reports indicating NTSA could collect up to KSh12 billion annually through the inspection programme have fueled concerns that the regulations are more revenue-driven than safety-oriented.
The regulations are also facing resistance in Parliament. The Senate’s Select Committee on Delegated Legislation has recommended that the entire NTSA Regulations 2026 be annulled, arguing that the authority exceeded its mandate by introducing measures with significant legal and financial implications without adequate oversight.
Several senators have maintained that law-making powers rest with Parliament and warned against allowing state agencies to introduce regulations that impose new obligations on citizens without proper legislative approval.
The Senate is expected to vote on the fate of the regulations when the House resumes from recess on July 13. The outcome of both the parliamentary process and the court case is likely to determine whether the mandatory vehicle inspection programme proceeds or is permanently abandoned.
For now, motorists have received temporary relief after NTSA confirmed that no enforcement action will be taken while the regulations remain suspended, pending further communication and the resolution of the legal and legislative challenges.
