NTSA ordered to maintain validity of physical logbooks after petition on e-logbooks rollout

Justice Patricia Nyaundi Mande issued the conservatory order in a case filed by Javan Onyango and Emmanuel Kiplagat, who challenged NTSA’s implementation of the new digital ownership registration system.

The petitioners argued that the e-Logbook programme was introduced without meaningful public participation and raised concerns over the protection of sensitive vehicle-owner data, cybersecurity, digital exclusion and the legality of new charges.

They further claimed that NTSA had failed to disclose key documents, including Data Protection Impact Assessments, cybersecurity audits, public participation reports, procurement records and legal approvals.

The petitioners had sought orders suspending implementation of the e-Logbook system, stopping new fees and preventing NTSA from invalidating existing physical logbooks.

NTSA opposed the application, arguing that the electronic motor vehicle register has been in operation since 2014 through the Transport Integrated Management System (TIMS), and that the e-Logbook is an administrative modernisation rather than a new legal regime.

The authority maintained that physical logbooks remain valid and that there is no mandatory deadline for their conversion to electronic records. It also said it had issued public notices, guidance and sensitisation materials through its website, social media platforms, Huduma Centres and virtual sessions.

NTSA further argued that the digital system incorporates security measures, including encryption and QR-code verification, and is intended to strengthen the verification of vehicle ownership and combat fraud.

In her ruling, Justice Nyaundi noted that the electronic motor vehicle register has a statutory foundation under the Traffic Act and has existed since 2014, adding that its constitutionality was not being challenged.

The judge found that maintaining the validity of physical logbooks would safeguard the interests of the petitioners while the substantive petition is heard.

“Pending the hearing and determination of the Petition, a Conservatory Order hereby issues restraining the respondents from permanently discontinuing or invalidating existing physical Certificates of Registration (Logbooks) held by members of the public,” the judge ordered. 

The court, however, declined to suspend the entire e-Logbook programme, limiting the interim relief to preserving the validity and recognition of existing physical logbooks.

The case will now proceed to full hearing, where the court will determine the broader constitutional and legal challenges raised against the digital vehicle registration system.