Legal Action Against NTSA for Rising Plate Charges

The National Transport and Safety Authority (NTSA) is facing a significant legal challenge, as Michael Musembi Wambua, a former Mavoko Constituency MP aspirant and human rights advocate, has filed a constitutional petition in the High Court of Kenya. The petition, filed on August 21, 2024, accuses the NTSA of unlawfully increasing the cost of reflective number plates without following proper legal procedures, such as public participation and transparency.

Wambua’s petition focuses on a specific period between September 2023 and March 2024, during which the NTSA allegedly raised the fee for reflective number plates from Ksh3,050 to Ksh3,750—a 25% increase. He claims that this hike was implemented without any official gazetted notice or consultation with the public, as required by law. Furthermore, the petitioner highlights that the fee was later reverted to the original amount without any explanation, raising concerns about the transparency and integrity of NTSA’s operations.

The petition accuses the NTSA of engaging in “arbitrary and opaque” practices by imposing illegal charges on motorists. Wambua argues that the sudden and unexplained fee increase, followed by a reversal to the original fee, undermines public trust and breaches legal standards. He is seeking not only accountability from the NTSA but also a forensic audit of all transactions related to the fee increase during the specified period by the Auditor General.

Additionally, the petition demands that NTSA refund the extra amounts allegedly collected fraudulently from motorists. Wambua also wants the NTSA to be compelled to publish a comprehensive list of all services, charges, and levies offered on the e-Citizen platform. He argues that the lack of transparency in NTSA’s operations poses a threat to the socio-economic rights of Kenyans, who are being subjected to unjustified financial burdens.

The controversy gained attention in May 2024 when some Kenyans reported being charged Ksh3,750 for reflective number plates on the e-Citizen platform, despite the NTSA’s official statement that the fee remained at Ksh3,050. The discrepancy fueled public frustration and speculation about the agency’s operations.

The High Court has given NTSA 14 days to respond to the petition, and the case is scheduled to proceed on October 8, 2024, when further directions will be issued. This case could have significant implications for NTSA’s future operations and for how public agencies handle fee adjustments and transparency in Kenya.