The High Court has directed the National Transport and Safety Authority (NTSA) to continue recognising physical motor vehicle logbooks while a petition challenging the electronic logbook system is pending.
Justice Patricia Nyaundi Mande issued the conservatory order following a case filed by Javan Onyango and Emmanuel Kiplagat, who raised concerns over the rollout of the digital motor vehicle registration certificate, known as the e-Logbook.
Concerns Raised by Petitioners
- Lack of meaningful public participation in the e-Logbook introduction
- Data protection and cybersecurity risks involving sensitive vehicle-owner information
- Potential digital exclusion of certain user groups
- Legality of new fees associated with the digital system
- Failure by NTSA to disclose key documents such as Data Protection Impact Assessments, cybersecurity audits, and procurement records
NTSA’s Position
The authority argued that the electronic motor vehicle register has been operational since 2014 through the Transport Integrated Management System (TIMS) and that the e-Logbook represents administrative modernization rather than a new legal framework. NTSA maintained that physical logbooks remain valid with no mandatory deadline for conversion to electronic format. The agency also highlighted the security features of the digital system, including encryption and QR-code verification, aimed at enhancing ownership verification and reducing fraud.
Judicial Ruling
Justice Nyaundi acknowledged the statutory basis of the electronic vehicle register under the Traffic Act and clarified that its constitutionality was not under dispute. The court ruled that preserving the validity of physical logbooks would protect the petitioners’ interests during the ongoing case.
"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 stated.
However, the court declined to halt the entire e-Logbook initiative, limiting the interim relief to maintaining recognition of existing physical logbooks. The matter will proceed to a full hearing to address the broader legal and constitutional issues raised.