Lawyer Donald B Kipkorir says the new traffic enforcement cameras violate the constitution. Kipkorir’s comments come after the National Transport and Safety Authority (NTSA) announced that it had installed speed and surveillance cameras at key points along major roads and highways to strengthen traffic enforcement and curb the rising number of road accidents in the country.
Kipkorir says the High Courts in Nairobi, Kiambu & Kerugoya have separately issued orders barring NTSA from enforcing the Speed Camera speed limits.
“Any law that violates the Constitution is VOID AB INITIO & a NULLITY. The Constitution makes it mandatory, not an option that before any conviction or sentencing or even an administrative action is made against anyone, he must be given due process. So, a speed camera convicting a motorist of over speeding is beyond the pale,” says Kipkorir
The decision to install cameras comes on the back of NTSA’s ongoing efforts to reduce the number of road accidents in the country as we head towards the festive period. Traditionally, the December holidays and festive season have been periods where most people are affected by frequent accidents along Kenya’s major roads. This is usually due to increased travel as people move around the country visiting their family members and going to holiday spots.
What NTSA Said About Traffic Enforcement Cameras
NTSA says the cameras are linked to a National Command and Control Centre are expected to facilitate real-time monitoring of traffic violations and automated detection of offences, allowing authorities to take swift action against motorists who flout traffic regulations.
Between 2020 and 2025, over speeding and human error accounted for at least 85% of all road traffic accidents on Kenya’s roads. NTSA believes closer monitoring and stricter enforcement can help reduce accidents especially during the busy festive period.
Speaking at St Francis Cheptarit Catholic Church in Nandi County, NTSA Director of Corporate Support Services Jacob Sisey said the traffic enforcement cameras are among a host of surveillance mechanisms that NTSA has put in place to monitor rad activities during the festive period. He says loose regulation in the bodaboda sector is a particular going concern.
“During the holidays, you find cases of children who do not have licences to drive on the roads, while others engage in boda boda business. I am appealing to parents to be on the lookout to curb this vice,” he said.
Under the Minor Traffic Rules 2016, motorists exceeding the legally permitted speed limit by between six and 10 kilometres per hour face a Sh500 fine, those driving 11 to 15 kilometres per hour above the limit pay Sh3,000 while those exceeding the limit by 16 to 20 km/h pay Sh10,000.
Accidents continue costing the Kenyan economy millions of shillings every year. As NTSA continues to work with policymakers to tighten regulations and punish lawbreakers, it remains to be seen how effective the new regulations are even as the country heads towards the busy festive period. The festive period will see an increased volume of traffic on Kenyan roads. This is expected to continue until after resumption of normal working and schooling in early January 2027.
Consequently, it is expected that the mode of enforcement and installation of traffic enforcement cameras will attract legal contestations in courts.
