NTSA Ordered to Keep Recognising Physical Logbooks in Kenya: High Court

• The High Court has directed NTSA to continue recognising existing physical logbooks as valid documents pending a court case challenging the e-Logbook system.
• Vehicle owners holding physical motor vehicle logbooks cannot have their documents permanently discontinued or invalidated while the court considers the petition.
• NTSA can continue operating its electronic vehicle registration system, but must not invalidate existing physical certificates of registration.

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 High Court's conservatory order has temporarily protected existing physical logbooks in Kenya, preventing their permanent discontinuation or invalidation pending the hearing and determination of a case challenging the e-Logbook system. This decision may impact compliance with new charges linked to digital registration and data protection requirements. Lawyers advising clients on vehicle ownership in Kenya should note that this ruling provides temporary relief to vehicle owners who continue to rely on physical logbooks as proof of vehicle ownership. The court's focus was narrowly on preventing NTSA from permanently discontinuing or invalidating existing physical certificates of registration, allowing the authority to continue operating its electronic vehicle registration system while broader legal questions are considered.

A petition challenging the implementation of the e-Logbook system was filed by Javan Onyango and Emmanuel Kiplagat, who have raised concerns over public participation, data protection, cybersecurity, and digital exclusion. They argued that NTSA had not adequately engaged the public before implementing the new system and questioned the legality of new charges associated with the digital registration process. The petitioners also raised concerns over the handling and protection of sensitive information belonging to vehicle owners, including data protection impact assessments, cybersecurity audit reports, public participation records, procurement documents, and relevant legal approvals. NTSA opposed the application, maintaining that electronic vehicle records have been maintained since 2014 through the Transport Integrated Management System (TIMS) and that physical logbooks remain valid.

The High Court's decision is a temporary measure aimed at preventing NTSA from permanently discontinuing or invalidating existing physical certificates of registration. The court will ultimately determine whether NTSA complied with constitutional, legal, and administrative requirements in rolling out the system. The e-Logbook rollout has been challenged on several grounds, including public participation, data protection, cybersecurity, and digital exclusion. NTSA defended its electronic system, citing measures such as encryption and QR-code verification, which are designed to improve the verification of vehicle ownership, strengthen record management, and help combat fraud involving motor vehicles.

Lawyers advising clients on vehicle ownership in Kenya should note that the High Court has temporarily protected existing physical logbooks, preventing their permanent discontinuation or invalidation pending a court case challenging the e-Logbook system. This may impact compliance with new charges linked to digital registration and data protection requirements.

Source: Original reporting via The Star