Lead image for Court temporarily blocks NTSA from scrapping physical logbooks.
The High Court has stopped the National Transport and Safety Authority (NTSA) from invalidating physical logbooks, pending the hearing and determination of a petition challenging the rollout of the eLogbook system.
Javan Onyango and Emmanuel Kiplagat moved to court, arguing that NTSA introduced the Electronic Motor Vehicle Registration Certificate (eLogbook) without complying with constitutional requirements.
The eLogbook was introduced as the primary proof of ownership for motor vehicles in new transactions, replacing physical logbooks for future registrations.
Justice Patricia Nyaundi said preserving the validity of existing physical logbooks would protect the interests of the petitioners while the case is being heard.
“Consequently, and guided by the preservative purpose of conservatory relief, I deem it appropriate to allow the application only to the limited extent necessary to maintain the continued validity and recognition of physical logbooks pending the full hearing of the petition,” the judge said.
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The petitioners argue that the eLogbook system significantly changes how vehicle ownership records are created and verified, but was introduced without meaningful public participation as required by the constitution.
They also contend that the digitisation of vehicle ownership records involves the collection and processing of sensitive personal data, raising privacy concerns under Article 31 of the Constitution and the Data Protection Act.