NTSA and DG Kondiwa sued for contempt over defying orders on instant fines system rollout
National
By
Nancy Gitonga
| Aug 12, 2026
NTSA boss Nashon Odhiambo Kondiwa risks being committed to civil jail after a petitioner moved to the High Court seeking his punishment over alleged continuous disobedience of orders suspending the authority's automated fines system.
In a Notice of Motion filed at the High Court by the Road Safety Association of Kenya through its chairman, David Kiarie is seeking to have the NTSA aand its director declared in contempt of court for allegedly continuing to implement the automated fines system.
The petitioner wants the Court to commit NTSA Director General Kondiwa to civil jail arguing the authority has continued rolling out a smart driving licence and automated fines system despite a conservatory order issued on May 29, 2026.
That order had suspended the implementation of a public-private partnership between NTSA and the Pesa Print Limited consortium.
"The implementation of the public-private partnership between the National Transport and Safety Authority and Pesa Print Limited consortium in respect of the design, supply, delivery, installation and maintenance of smart driving licenses, automated fines system and associated services pending inter partes hearing of the application, "Judge Magare Dennis Kizito.
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In the contempt of court application filed at the High Court, Kiarie says the May 29 order was served on all parties, including NTSA, first through email on May 30 and physically on June 2, 2026, yet the authority proceeded to implement the instant fines system.
The lobby says it went further, personally notifying Kondiwa of the alleged violation through a letter dated June 5, 2026, which he received the same day.
Further, the petitioner says that on July 28, 2026, in another consolidated petition filed by Consumer Federation of Kenya (COFEK), the interim orders were extended by Justice Patricia Nyaudi until November 26, 2026, when the court is scheduled to deliver its ruling on the matter.
The court listed NTSA as the third respondent and Pesa Print Limited as an interested party.
Other respondents and interested parties named in the consolidated matter include the National Treasury, the Ministry of Roads and Transport, the Public Private Partnership Committee, the Directorate of Public Private Partnerships, the Attorney General, and KCB Bank Kenya.
A penal notice attached to the July 28 orders warns that any disobedience or non-observance of the order of the court would result in penal consequences against those disobeying the order.
“Despite all the above, the NTSA has continued to disobey the said orders of the court by, inter alia, implementing the instant fines system,” the petitioner states.
The petitioner argues the conduct constitutes contempt of Court and has exposed the authority and dignity of the court to ridicule and disrepute.
The petitioner has asked the court to find and declare NTSA in contempt of court for allegedly disobeying the orders suspending the implementation of the partnership.
It has also asked the court to order that Kondiwa be committed to civil jail for a period the court considers appropriate or be ordered to pay a fine for allegedly disobeying the orders.
“This Honourable Court be pleased to order that the Director General of the NTSA, Mr. Nashon Odhiambo Kondiwa, be committed to civil jail for such period of time as this Honourable Court may deem fit and just and/or be ordered to pay such fine as the Court may deem fit for disobeying/ defying the Court Orders made on May 29, 2026,” the application states.
The contempt of court application is pending directions and hearing.