Lead image for Court halts physical logbooks phase-out.
The High Court in Nairobi has barred the National Transport and Safety Authority (NTSA) from phasing out physical vehicle logbooks.
In her ruling yesterday, Justice Patricia Nyaundi directed that the agency should continue accepting physical vehicle ownership documents until the case filed by Javan Onyango is heard and determined.
“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,” ruled Justice Nyaundi.
Onyango and Kiplagat moved to court after NTSA introduced an electronic logbook dubbed e-logbook. They complained that the authority did not comply with the Constitution while rolling out the virtual ownership documentation.
The two stated that it was impossible to tell how one would create such a document, how it would be verified to be authentic and what process vehicle owners would follow while changing ownership.
According to them, the process was done in a vague manner and against data protection. They insisted that without proper safeguards, Kenyans will be driving thinking they own vehicles, but on paper, they had already been dispossessed with a click of a button.
“Digitising sensitive vehicle‐owner data triggers constitutional privacy protections under Article 31 and statutory obligations under the Data Protection Act. Implementation of a centralized digital ownership platform inevitably entails the large‐scale processing of sensitive personal information and therefore demands heightened safeguards,” the court heard.