Officials of two social welfare groups of tuk-tuk operators have sued the county government of Mombasa and Governor Abdulswamad Nassir over the introduction and operationalization of an instant or automated traffic-offence and fines system.
Umoja Three Wheelers Association-Mombasa and Coast Tuk Tuk Operators Welfare Group officials accuse the county government of violating the constitution arguing that a camera to portal pipeline, treatment of registered owner as an offender and withholding of a monthly sticker are not sourced in any published county statute or statutory instrument.
In their petition at the High Court, they want a declaration that the operationalization by the county government of an instant or automated traffic-offence and fines system including the use of personal phone cameras, smart CCTV, number plate or facial recognition and generation of a ‘traffic offence fine’ on the county e-portal without hearing before a court or an independent tribunal is unconstitutional, null and void.
The petitioners also want a declaration that blocking, withholding or refusal to process or print monthly Public Service Vehicle (PSV) levy sticker or denial of access of the PSV module of the county e-portal, on the grounds an alleged traffic fine remains unpaid is unconstitutional.
Others sued include County Executive Committee Member for Transport, Infrastructure and Public Works, the County Attorney and the Attorney General. The office of the Data Protection Commissioner has been named as an interested party.
The petitioners further say that in the course of the year (2026) the county government introduced and began to enforce a new practice with individuals said to be county marshals, many not in uniform would photograph tuk tuks from personal mobile phones.
They argue that a ‘traffic offence fine’ is then entered against the vehicle or the owner on the e-portal.
“When the owner logs in to pay the monthly levy and print the sticker, the portal refuses to complete the transaction and demands the alleged outstanding traffic offence fine be cleared,” argue the petitioners.
According to the petitioners, from their discussions with the county government, the Governor and the CECM Transport, it was stated that in diverse dates that cameras including those of marshals would be used and the marshals would not be on uniforms.
They also say that from those discussions, the owner rather than the driver would be treated as an offender and that there would be no court process at the point of imposition, the fine spoken was KES5000 and the monthly sticker would not be issued until the alleged traffic offence was cleared.
The petitioners further say that late 2025 and earlier this year, Mr Nassir publicly announced that the devolved unit had installed smart CCTV’s across Mombasa County using its own resources, the first phase was being finalized and that the cameras would nab those who do not pay parking fees and individuals who break other laws.
According to the petitioners, the Governor also stated that the county would be able to reverse a person’s end of breaking the law and that the initiative mirrors the instant fine system of the National Transport and Safety Authority and would be implemented with that authority.
“The petitioner further states that the national system has been subject of constitutional litigation and of conservatory orders of the High Court. The county is constructing a replica of a contested national penal process without the national statute and any county equivalent,” the petition states in part.
The petitioners further argue that their lawyers demanded that the county halt the instant-fines practice, lift the portal embargo, disclose the instrument relied upon and engage the operators.
“No statute, statutory instrument or gazette notice creating the camera to portal pipeline has been produced, the practice has however continued,” the petition states in part.
The petitioners, who filed the case on their own behalf and that of their members also accuse the county government of violation of the constitution and the County Governments Act as no public participation on the camera to portal process and fining procedure was ever conducted by the respondents.
They also want an order issued compelling the county government to reconfigure the county e-portal so that payment of the scheduled monthly PSV levy produces the monthly sticker without any condition that an alleged traffic offence fine first be cleared.
Highlighting of submissions on an application by the petitioners for conservatory orders will be conducted on November 9.
Be the First to Comment