Court temporarily blocks NTSA from scrapping physical logbooks
NTSA introduced the eLogbook as the primary proof of ownership for motor vehicles
The High Court has temporarily halted the National Transport and Safety Authority (NTSA) from invalidating physical logbooks, pending the resolution of a petition contesting the implementation of the eLogbook system. Javan Onyango and Emmanuel Kiplagat requested the court's intervention, asserting that NTSA launched the electronic motor vehicle registration certificate (eLogbook) without adhering to constitutional mandates.
The eLogbook was initially designated as the primary proof of vehicle ownership in new transactions, supplanting the physical logbooks for future registrations. Justice Patricia Nyaundi ruled that maintaining the validity of existing physical logbooks safeguards the interests of the petitioners during the ongoing legal proceedings.
"Given the preservative purpose of conservatory relief, I find it appropriate to permit the application only to the extent necessary to preserve the continued validity and recognition of physical logbooks until the full hearing of the petition," she stated. Petitioners contend that the eLogbook system fundamentally alters vehicle ownership record creation and verification processes, which were not subjected to adequate public engagement as mandated by the constitution.
They also raise concerns about privacy infringement and the collection of sensitive personal data under Article 31 of the Constitution and the Data Protection Act. NTSA contends that the eLogbook is an administrative enhancement rather than a novel legal framework, emphasizing that vehicle registration records have been electronically managed since 2014 via the Transport Integrated Management System (TIMS).
The authority asserts that the petitioners mischaracterize the eLogbook as an entirely new system, pointing to provisions in the Traffic Act that already authorized computerized vehicle registrations and security measures. NTSA maintains that the rollout was communicated through various channels, including its website, social media, Huduma Centres, and virtual sensitization sessions in multiple languages.
They argue that the constitution does not necessitate extensive public participation for administrative improvements not creating fresh legal rights or obligations. NTSA dismisses claims of insufficient notice, coercion, and exclusion, emphasizing that physical logbooks remain valid and that no mandatory deadline exists for motorists to transition to eLogbooks.
The agency asserts that the system only processes data collected within its legal jurisdiction, employs encryption and QR-code verification to deter fraud, and enhances property rights by bolstering ownership verification.
Written by urgent.news from Nation Africa's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
