LSK in court to stop implementation of NTSA's vehicle inspection rules

In a petition filed under a certificate of urgency, the lawyers' body wants the court to issue conservatory orders halting the commencement and implementation of the regulations pending the hearing and determination of the case.

The application comes just days before the rules are scheduled to take effect on July 1, 2026.

According to court documents, the regulations, published on June 24, 2026, introduce mandatory annual inspections for all public and private motor vehicles that are more than four years old from their date of manufacture. The rules also create offences and penalties for non-compliance.

LSK, through lawyer Kariuki Karanja, argues that the government failed to involve the public before introducing the regulations despite their far-reaching implications for millions of motorists across the country.

"The respondents have not conducted any public participation prior to the enactment of the said rules contrary to constitutional and statutory requirements despite the rules having far-reaching social and economic consequences to members of the public," the society states in its application.

The lawyers' body contends that the new regulations could expose Kenyans to arbitrary fines, arrests and deprivation of liberty arising from alleged violations of the inspection requirements.

"The possibility of arbitrary fines, arrest and deprivation of freedom on account of alleged violations of the provisions of the impugned rules necessitates immediate intervention by this Honourable Court," the petition reads.

LSK further argues that the regulations were enacted without the appropriate institutional and capacity framework necessary for their implementation, making them unlawful and illegal.

"The said rules are unlawful and illegal as the same were enacted contrary to express mandatory constitutional and statutory requirements and without the appropriate institutional and capacity framework," the society says.

The petitioners maintain that immediate intervention by the court is necessary to prevent violations of constitutional rights and to ensure that any enforcement mechanism complies with the Constitution and the law.

"Immediate intervention by this court is necessary to prevent ongoing violations, protect the rights of Kenyans and ensure that any enforcement mechanism aligns with constitutional and legal requirements," the court papers state.

LSK also argues that the government will not suffer any prejudice if the court grants interim orders suspending the implementation of the regulations pending the hearing and determination of the petition.

The society is seeking orders certifying the matter as extremely urgent and suspending the commencement and implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, pending the determination of the constitutional petition.