Lobby Seeks Jail Term for NTSA DG Nashon Kondiwa Over Alleged Breach of Court Orders

Lobby Seeks Jail Term for NTSA DG Nashon Kondiwa Over Alleged Breach of Court Orders

National Transport and Safety Authority (NTSA) Director General Nashon Kondiwa could face civil jail after a road safety lobby moved to court, accusing him of disobeying orders that suspended the rollout of Kenya’s smart driving licence and automated traffic fines system.

The Road Safety Association of Kenya (RSAK), through its chairman David Kiarie, filed an application at the High Court on Tuesday, August 12, seeking to have Kondiwa cited for contempt of court.

The lobby alleges that NTSA continued implementing the disputed system despite a conservatory order issued by the High Court.

The application has placed the NTSA boss at the centre of a legal dispute over the authority’s planned digital transformation of driving licences and traffic enforcement.

Court Suspended Smart Licence Rollout

The dispute stems from a public-private partnership (PPP) agreement between NTSA and a financial technology company tasked with designing and implementing the smart driving licence and automated instant traffic fines system.

High Court Judge Magare Dennis Kizito issued a conservatory order on May 29, suspending implementation of the entire arrangement pending further proceedings.

According to RSAK, the order was served on the parties involved, including NTSA, through email on May 30 and physically on June 2.

The lobby now claims that the authority continued with aspects of the programme despite being aware of the court’s directive.

RSAK further alleges that Kondiwa was personally notified of the alleged breach through a formal letter dated June 5, which it says he received on the same day.

The organisation argues that continuing with the automated fines system amounted to deliberate disobedience of a lawful court order.

Lobby Wants NTSA Boss Committed to Jail

RSAK has therefore asked the High Court to find Kondiwa in contempt and impose the appropriate sanctions.

Committal to civil jail is among the consequences being sought through the application.

The case will require the court to determine whether NTSA and its director general knowingly acted contrary to the conservatory order.

At this stage, the allegations contained in the petition remain claims that must be determined through the court process.

The application also places renewed attention on the implementation of digital traffic enforcement in Kenya and the legal safeguards surrounding such systems.

Dispute Over Automated Traffic Fines

The automated traffic fines system has attracted public and legal scrutiny because it is designed to increase the use of technology in identifying traffic violations and issuing penalties.

Supporters of digital enforcement have argued that technology can improve efficiency and reduce opportunities for corruption in traffic management.

However, critics have raised questions over due process, transparency, data protection and the rights of motorists facing automated penalties.

The court’s conservatory order temporarily placed the wider implementation under legal scrutiny.

RSAK’s latest application now seeks to establish whether the order was respected after it was served on the authority.

Related Case Expands Legal Dispute

The controversy has also attracted the attention of other organisations.

A related petition filed by the Consumer Federation of Kenya (COFEK) has drawn several state agencies into the wider dispute over NTSA’s proposed changes to traffic enforcement and related functions.

The growing legal challenge could have implications for how Kenya implements smart driving licences and automated traffic fines.

For now, the High Court will be required to consider RSAK’s allegations against Kondiwa and determine whether the evidence supports a finding of contempt.

The case also highlights the importance of compliance with court orders by public institutions while legal disputes remain active.

Until the court makes a determination, there has been no final finding that Kondiwa personally disobeyed the conservatory order.

The application nevertheless places fresh pressure on NTSA leadership as motorists await clarity on the future of Kenya’s smart driving licence and automated traffic fines programme.

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Lobby Seeks Jail Term for NTSA DG Nashon Kondiwa Over Alleged Breach of Court Orders