The High Court in Kerugoya has suspended the implementation of a multi-billion-shilling public-private partnership between the National Transport and Safety Authority (NTSA) and a consortium led by Pesa Print Limited.
In a conservatory order issued by Justice Magare Dennis Kizito, the court temporarily halted the execution of the contract pending the inter partes hearing of a petition challenging the legality of the project.
“A conservatory order is issued suspending the implementation of the public-private partnership between the NTSA and Pesa Print Limited consortium in respect of the design, supply, delivery, installation, and maintenance of smart driving licences, automated fines system, and associated services pending inter partes hearing of the application by way of notice of motion,” the judge ruled.
The ruling effectively freezes the rollout of smart driving licences and an automated traffic fines system.
The court further directed that all parties be served within set timelines ahead of the next hearing date.
The case was filed by the Road Safety Association of Kenya (RSAK) against NTSA.
Others sued are the Public-Private Partnership Committee, the Directorate of Public-Private Partnerships, the National Treasury CS, and the Attorney General.
Pesa Print Limited and KCB Bank Kenya Limited have been enjoined in the matter as interested parties.
At the heart of the dispute is a public notice issued by NTSA on February 25, 2026.
The association, in its filings, says the agency announced the implementation of a strategic partnership for the design, supply, delivery, installation, and maintenance of smart driving licences and associated services.
According to the documents, the notice was widely circulated on official platforms, including NTSA’s social media accounts.
RSAK adds that it indicated that the project would also include the rollout of an instant fines system aimed at modernising traffic enforcement.
The announcement triggered public debate, with critics raising concerns over procurement transparency, long-term contractual obligations, and data protection safeguards.
"The notice caused an uproar as Kenyans on both mainstream and social media platforms decried inter alia the lack of public participation," their filings state.
The petitioner further raised questions over the involvement of Pesa Print Limited, which it alleges had previously been associated with an earlier project that did not achieve its intended outcomes despite public expenditure.
The association cited concerns over a 21-year contract duration, arguing that it failed to account for rapid technological changes in digital systems.
It was also alleged that the project proceeded without sufficient board resolutions from NTSA as required under the law.
"The Petitioner/Applicant is apprehensive that the project does not have a data protection framework despite biometric data, which is collected in the processing of driving licences, being sensitive personal data," the suit adds.
According to court documents, NTSA had announced plans to operationalise the instant fines system by June 1, 2026, a move the petitioner warned posed an imminent risk to constitutional rights, including the right to privacy and access to information.
The Road Safety Association of Kenya is seeking several declarations.
"A declaration that the 1st Respondent's (NTSA) failure and/or refusal to provide the Petitioner with the information sought vide the requests dated 27th February, 2026 and 4th March, 2026 within the prescribed period constitutes an infringement of the Petitioner's right of access to information," they state.
The petitioner is also seeking compensation for the alleged infringement of this right.
They are also seeking declaration orders that the absence of a data protection framework threatens privacy rights under Article 31 of the Constitution.
In addition, the association is asking the court to find that the formulation and implementation of the PPP contract contravene constitutional principles of public participation and public finance management, rendering the arrangement unlawful and void.
The association is also seeking judicial review orders to quash the PPP contract in its entirety
The case comes up for directions on June 21, 2026.
