Kenya senate threatens legal action against NTSA over vehicle inspection rules

Kenya’s Senate has threatened to take legal action against the National Transport and Safety Authority (NTSA), accusing the agency of attempting to enforce new vehicle inspection regulations before they receive parliamentary approval.

The dispute centers on the NTSA’s proposed mandatory annual inspections for privately owned vehicles older than four years, a policy that has sparked opposition from motorists, transport stakeholders and lawmakers.

The authority has since suspended implementation of the directive until early next year following widespread criticism.

Senate Minority Leader Stewart Madzayo argued that the regulations have no legal basis because they have not been approved by the Senate.

“The regulations have no force of law until they are considered and approved by the Senate,” Madzayo said, warning that lawmakers could challenge the move in court if the authority proceeds with implementation.

Makueni Senator Dan Maanzo also opposed the proposal, saying the Senate would reject the regulations to protect Kenyans from additional financial burdens.

The controversy has raised fresh concerns about the NTSA’s approach to policy implementation, with critics accusing the agency of bypassing constitutional procedures.

NTSA Director General Nashon Kondiwa defended the proposed inspections, saying they are intended to improve road safety.

According to Kondiwa, private vehicles and motorcycles account for 62 percent of road crashes in Kenya, making regular inspections necessary to enhance vehicle safety and improve the national vehicle registry.

However, the authority has acknowledged that it currently operates only 17 government vehicle inspection centres across the country, with plans to expand the number to more than 100 centres by next year.

Critics argue that the agency lacks both the infrastructure and legal mandate to inspect millions of privately owned vehicles each year.

Lawyer Steve Kabita said the NTSA should have first established the necessary inspection capacity before introducing the regulations.

The Motorists Association of Kenya (MAK) also questioned the practicality of the proposal, saying the authority is not adequately equipped to implement the policy on a nationwide scale.

The vehicle inspection dispute is the latest challenge facing the NTSA.

The authority has also come under scrutiny following an Auditor General’s report that identified weaknesses in the Transport Integrated Management System (TIMS), raising concerns over possible revenue losses linked to vehicle registration and ownership transfers.

It has further been criticized for delays in issuing vehicle registration plates and implementing key transport reforms, including digital driving licences and an automated traffic fines system.

As the standoff intensifies, the proposed inspection regime is shaping into both a legal and political test for the NTSA, with lawmakers insisting that any new regulations must comply with constitutional requirements before taking effect.

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