Can NTSA Arrest You? Understanding Your Rights on Kenyan Roads

The National Transport and Safety Authority (NTSA) has become a familiar presence on Kenyan roads, enforcing various traffic regulations to ensure road safety. As motorists navigate the complex web of traffic laws, a common question arises: Does the NTSA have the legal authority to arrest drivers? This comprehensive guide explores the extent of NTSA's powers, the circumstances under which they might intervene, and what motorists should know about their rights during such encounters.

The Legal Mandate of NTSA

The National Transport and Safety Authority was established by the National Transport and Safety Authority Act of 2012 to bring about sanity on Kenyan roads. The authority brings together various functions including motor vehicle registration, transport licensing, vehicle inspection, road safety, and driver testing under one roof¹. Its primary mandate includes coordinating activities related to road safety and ensuring compliance with traffic regulations.

However, understanding the scope of NTSA's enforcement powers requires examining their legal foundation. The NTSA Act outlines the authority's functions and powers, but the question of arrest powers remains nuanced and often misunderstood by many motorists².

Can NTSA Officers Make Arrests?

Technically, NTSA officers themselves are not police officers and traditionally did not have independent powers of arrest. However, in practice, NTSA operates in collaboration with the National Police Service during enforcement activities, which has created some confusion about their arrest powers.

In March 2025, Transport Cabinet Secretary Kipchumba Murkomen announced new measures that formally returned NTSA officers to the roads for enforcement duties, overturning a 2018 directive by former President Uhuru Kenyatta that had removed them from this role. The CS mandated "the NTSA and the police to intensify nationwide road enforcement efforts" in a collaborative approach³.

This means that while NTSA officers may be present during operations that lead to arrests, the actual arrests are typically executed by police officers working alongside them in joint operations.

Common Scenarios Leading to NTSA Interventions

NTSA enforcement activities target various traffic violations that could potentially lead to arrests when conducted jointly with police. Recent operations have focused on:

Unauthorized Vehicle Modifications

The authority regularly conducts crackdowns on vehicles with unauthorized modifications, particularly focusing on custom number plates. In April 2021, several motorists were apprehended during a nationwide operation where vehicles with controversial "new loop" registration plates were impounded. NTSA maintains that these modern number plates are unauthorized and not issued by the authority⁴.

Overcrowded Public Service Vehicles

NTSA frequently targets overloaded vehicles, especially those carrying passengers beyond their licensed capacity. In March 2025, a 14-seater matatu carrying 30 students was impounded in Meru. Though the driver managed to escape, the vehicle was seized for further action³. Similarly, in May 2024, a Probox car carrying 13 students was impounded along the Kitale-Kapenguria Road, with the driver subsequently arrested⁵.

Dangerous Driving Behaviors

Reckless driving behaviors attract swift action from NTSA and police. In October 2022, authorities arrested a driver and two conductors who were captured hanging dangerously on a moving matatu on the Buruburu route. The trio faced charges according to Kenyan law after the incident was reported by vigilant members of the public⁶.

Drink-Driving Enforcement

NTSA conducts regular alcohol testing operations, especially during high-risk periods like weekends and holidays. During Easter 2024, the authority intensified enforcement campaigns targeting drivers under the influence of alcohol beyond the legal limit. These operations, conducted in collaboration with police, resulted in several arrests⁷.

Vehicle Registration Fraud

More serious offenses involve document fraud and system manipulation. In October 2023, eleven individuals, including three NTSA employees, were arrested in connection with vehicle registration fraud after the Directorate of Criminal Investigations uncovered infiltration of the Transport Integrated Management System (TIMS)⁸. These arrests highlight the authority's role in addressing corruption within the transport sector.

Your Rights During an NTSA Encounter

When interacting with NTSA officers and police during road operations, it's essential to understand your constitutional rights as outlined in Article 49 of the Kenyan Constitution⁹:

1. You have the right to be informed promptly, in a language you understand, of:
   • The reason for the arrest
   • Your right to remain silent
   • The consequences of not remaining silent
2. You have the right to communicate with an advocate and other persons whose assistance is necessary.
3. You cannot be compelled to make any confession or admission that could be used as evidence against you.
4. You must be brought before a court as soon as reasonably possible, but not later than 24 hours after arrest (or by the end of the next court day if the 24 hours ends outside ordinary court hours).
5. You have the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released⁹.

Avoiding NTSA Interventions: Compliance Measures

The best way to avoid potentially uncomfortable encounters with NTSA and police is to ensure full compliance with traffic regulations. Here are key areas to focus on:

Vehicle Documentation

Ensure your vehicle has:

• Valid insurance coverage
• Up-to-date road service license
• Current inspection certificate
• Proper registration documents

For public service vehicles, additional requirements include:

• Functional speed limiters onboarded onto the NTSA Intelligent Road Safety Management System
• Valid PSV badge for drivers⁵

Driving Credentials

Maintain proper licensing by:

• Carrying a valid driving license for the appropriate vehicle class
• Ensuring your license hasn't expired (renewal currently costs Ksh3,050, which Transport CS Murkomen attributes to production costs)¹⁰
• Having the correct endorsements for the vehicle you're operating

Adherence to Traffic Rules

Follow basic traffic regulations by:

• Observing speed limits
• Avoiding overloading
• Refraining from drunk driving
• Using proper, authorized vehicle parts and accessories

Practical Considerations for Kenyan Motorists

When traveling on Kenyan roads, especially during heightened enforcement periods like holidays, consider these practical tips:

1. Stay informed about changing regulations: NTSA periodically updates its requirements, such as the recent directive to phase out old driving licenses within three years¹⁰.
2. Be cautious about unauthorized modifications: Vehicle modifications, especially those affecting identification like number plates, can attract unwanted attention from authorities.
3. Consider professional transportation options: For those concerned about navigating Kenya's complex traffic regulations, professionally managed transportation services offer peace of mind.
4. Understand the difference between traffic violations: Minor infractions typically result in fines rather than arrests, while more serious violations like dangerous driving or fraud can lead to arrest.

When Renting Makes Sense: A Hassle-Free Alternative

For those visiting Kenya or those who prefer to avoid the complexities of vehicle ownership and compliance, renting a vehicle from a reputable company offers significant advantages. Professional car hire services ensure that all vehicles are fully compliant with NTSA regulations, properly insured, and regularly maintained.

Whether you need a vehicle for business or leisure, companies like EliteMotion Luxury provide well-maintained vehicles that meet all legal requirements, allowing you to focus on your journey rather than regulatory concerns.

Conclusion: Navigating Kenya's Roads Legally and Safely

The National Transport and Safety Authority plays a crucial role in ensuring road safety across Kenya. While they typically work alongside police during enforcement operations rather than making arrests independently, their presence and authority on Kenyan roads remain significant.

Understanding the scope of their powers, knowing your rights during encounters with authorities, and maintaining full compliance with traffic regulations are essential aspects of responsible motoring in Kenya. By staying informed and adherent to the law, motorists can avoid uncomfortable situations and contribute to safer roads for everyone.

For those seeking a worry-free alternative that eliminates concerns about compliance and documentation, professional car hire services remain an attractive option, providing the freedom to explore Kenya's beautiful landscapes without the administrative burden of vehicle ownership.