NTSA vehicle inspection rules face court battle days before rollout

If you own a car, matatu, pickup or commercial vehicle, the new mandatory inspection rules were expected to become part of your reality from July 1st.

Now, just days before the rollout, a High Court petition is seeking to stop the regulations before they even take effect.

Constitutional lawyer Charles Mugane has asked the court to suspend the National Transport and Safety Authority's (NTSA) new vehicle inspection framework, arguing that it was introduced without the public being consulted.

Challenging the new regulations

In court papers filed on Monday, Mugane argues that NTSA violated the Constitution by failing to conduct meaningful public participation before introducing the regulations.

He is also challenging two of the most talked-about provisions: the proposed Sh2,000 inspection fee and the Sh20,000 penalty for motorists who fail to comply.

According to the petition, the charges lack a proper legal foundation and should not be enforced until the court determines whether the regulations were lawfully introduced.

The gist of the new rules

The inspection programme is scheduled to begin nationwide on July 1 and is intended to strengthen vehicle safety standards.

However, the planned rollout has generated debate among motorists and transport stakeholders, with critics arguing that the new requirements could increase the cost of owning and operating vehicles at a time when many Kenyans are already grappling with a high cost of living.

Some industry players have also questioned whether sufficient public consultation took place before the regulations were unveiled.

So, what happens next?

The High Court will now decide whether to temporarily suspend the regulations while the constitutional challenge is heard.

If the court grants the orders sought, implementation of the inspection programme could be delayed until the case is determined. If it declines to intervene, NTSA is expected to proceed with the nationwide rollout as planned.

For now, motorists are watching closely, with the court's decision likely to determine whether the new inspection rules begin as scheduled - or are put on hold before the first vehicle is inspected.