NTSA is rolling out the e-logbook to replace the old physical document/NTSA
A petition has been filed at the High Court seeking to stop the implementation of the National Transport and Safety Authority's (NTSA) electronic logbook programme, with the petitioners alleging that the rollout violated constitutional requirements on public participation, data protection and fair administrative action.
However, the court has not suspended the programme.
Instead, Justice Patricia Nyaundi Mande declined to certify the application as urgent and directed the petitioners to serve the respondents by July 28, with responses to be filed by July 29.
She noted that the issuance of the documents had already commenced.
"The matter will be mentioned on July 30, 2026 for parties to attend Court and canvass the application for conservatory orders and take directions on the hearing of the Notice of Motion and the Petition," Justice Nyaundi said in the orders dated July 24.
The petition was filed by Javan Onyango and Emmanuel Kiplagat against NTSA, the Roads and Transport Cabinet Secretary, the Attorney General and the Office of the Data Protection Commissioner.
The two are seeking conservatory orders suspending the continued implementation and operationalisation of the Electronic Motor Vehicle Registration Certificate (e-logbook) programme pending the hearing and determination of the case.
They also want the court to restrain the government from introducing or collecting any new fees, charges or levies related to the implementation, conversion, issuance or verification of the e-logbook unless expressly authorised by law.
Further, they seek orders barring the respondents from permanently invalidating existing physical logbooks until the constitutional questions raised in the petition are heard and determined.
They also want NTSA compelled to preserve and disclose documents relating to the rollout, including public participation reports, cybersecurity audits, data protection impact assessments, legal opinions, Cabinet approvals and implementation guidelines.
In the supporting affidavit, Onyango says the petition does not oppose digitisation of government services but challenges the legality and constitutionality of the process used to introduce the e-logbook system.
"I respectfully state that I do not oppose the digitisation of public services, technological innovation or the modernisation of government institutions," he says in the affidavit, adding that his grievance is directed "solely at the constitutionality of the process adopted by the Respondents."
The petitioners allege that NTSA implemented the nationwide programme without meaningful public participation as required under Articles 10 and 232 of the Constitution.
According to the affidavit, NTSA's public notice showed that registration for stakeholder participation closed on May 20, public sensitisation sessions were scheduled between June 2 and June 4, while nationwide implementation commenced on June 10.
The petitioners argue that because the implementation date had already been fixed before the stakeholder engagements were concluded, the exercise amounted to public sensitisation rather than genuine public participation capable of influencing the final decision.
The petition also raises concerns over data privacy and cybersecurity.
The petitioners argue that the electronic platform entails the collection, processing and storage of sensitive personal information relating to millions of vehicle owners but that NTSA had not publicly demonstrated the existence of adequate privacy safeguards, cybersecurity measures, vulnerability assessments, disaster recovery plans or independent technical audits before operationalising the system.
"I have been unable to obtain information demonstrating that the Respondents publicly disclosed the technical safeguards, independent cybersecurity audits, vulnerability assessments, penetration testing reports, disaster recovery arrangements or comprehensive privacy protection measures underpinning the implementation of the impugned programme," Onyango states in the affidavit.
In court papers, the petitioners argue that unless the court intervenes, NTSA will continue implementing and expanding a programme whose constitutional validity remains contested, potentially rendering the petition academic before it is heard.
They also argue that the continued rollout could expose motorists, purchasers, financiers and financial institutions to uncertainty while relying on a system whose legal foundation is under challenge.
NTSA rolled out the Electronic Motor Vehicle Registration Certificate on June 10 as part of its digitisation agenda aimed at replacing physical logbooks for new transactions.
The authority has said the system is designed to improve efficiency, strengthen ownership verification through QR code technology, reduce fraud and integrate services with banks, insurers and other stakeholders.
It has also maintained that existing physical logbooks remain valid during the transition period while motorists migrate to the electronic platform.
