In a country where, until recently, a police officer’s warning and a quick chat at the roadside were often quicker than any administrative procedure, it is now a camera that decides whether you’ve pressed too hard on the accelerator. And the fine arrives straight on your mobile phone. But the revolution in traffic digitalisation risks getting bogged down in the courts. Whilst the new smart cameras are beginning to capture images of undisciplined drivers and send fines via text message, lawyers and civil society organisations are preparing a legal counter-offensive.
In Nairobi, dozens of speed cameras have already been installed since 1 June, and many drivers, including our compatriots, have already received ‘instant fines’ via text message to the number linked to their vehicle.

Fines which, for the time being – and this is one of the most annoying aspects – can only be paid directly at a bank, at a KCB branch, exclusively in cash, by filling in a special form and after queuing. A curious African paradox where cutting-edge technology meets the most traditional bureaucracy: artificial intelligence spots you in seconds, but to settle the bill you still have to take a number and wait your turn at the counter.
Malindikenya.net has already received a few reports on the matter, with fines ranging from 3,000 to 5,000 shillings, whilst the first victims are also being reported in Kenyan chat groups, some of whom have already stated that they will appeal.
According to the government, the system is set to expand rapidly. Cameras will be progressively installed on the country’s main roads and will operate according to speed limits that vary depending on the road and vehicle category. In urban areas, the general limit remains 50 kilometres per hour; on national roads, 80 km/h; whilst on open motorways, private vehicles can travel up to 110 km/h. On the Nairobi Expressway, however, the limit is set at 80 km/h.

The new cameras use automatic number plate recognition systems and generate immediate notifications via text message. In theory, they should help reduce accidents, corruption and endless proceedings in traffic courts. In practice, however, they are already sparking heated debate.
Among the first to challenge the system is the well-known Nairobi lawyer Donald Kipkorir, who argues that the automatic fine mechanism lacks adequate constitutional basis. The lawyer argues that a penalty cannot be imposed without first establishing liability and guilt, and that the mere fact that a car is registered in a person’s name does not automatically mean that it was that person who was driving it at the time of the offence.
The issue is not merely theoretical. In Kenya, a great many company cars, family cars or vehicles used by professional drivers are driven daily by people other than the registered owner. Hence the doubt: can a camera automatically attribute criminal liability to someone who may have been hundreds of kilometres away at the time?

Several civil society organisations have also expressed concerns, highlighting potential violations of the right to a fair trial and the presumption of innocence. In recent months, petitions filed with the High Court have already secured interim orders and temporary suspensions of the system, precisely to allow judges to examine the compatibility of the new procedures with the Kenyan Constitution.
Meanwhile, the NTSA defends the project, arguing that the aim remains to improve road safety in a country where accidents continue to claim thousands of lives every year. The authority also states that the system was developed in collaboration with the police, the judiciary and the public prosecutor’s office to make enforcement more effective.

According to the latest changes announced by the agency, motorists should also be guaranteed the opportunity to challenge the penalty in court rather than simply paying the fine. A change that appears to have been prompted by the criticism received in recent weeks.
For now, however, motorists feel as though they have entered a new era. An era in which the traffic warden hidden behind the tree has been replaced by a silent camera that does not argue, does not negotiate and does not turn a blind eye.
It remains to be seen whether cars or court appeals will be the faster of the two.
Because in Kenya, as is often the case, there is always an overtaking lane between the road and the law that someone, sooner or later, tries to take.