A High Court advocate has initiated legal proceedings seeking to prohibit matatus from playing loud and unsolicited music while ferrying passengers in Nairobi.
Advocate Samuel Barongo Nyamari filed the petition in the public interest, arguing that the persistent loud music violates commuters’ constitutional rights to dignity, privacy, and a peaceful environment.
Nyamari described the loud music in public service vehicles as a longstanding issue, particularly in Nairobi, that disrupts passengers of all ages and health conditions. He emphasized that the noise creates a public nuisance affecting order and comfort.
The petition names the National Environment Management Authority (NEMA), the Matatu Owners Association (MOA), the National Transport and Safety Authority (NTSA), and the Attorney General as respondents.
Legal Context and Regulations
- NEMA enforces noise pollution regulations that prohibit excessive noise disturbing public comfort and health.
- The Nairobi City County Public Nuisance Act, 2021, classifies loud music in public spaces as a nuisance and restricts sound systems within designated city centre zones.
- The law mandates that entertainment systems be muted while in the Central Business District and prohibits continuous hooting and sound amplification at terminals when it causes public disturbance.
Upcoming Proceedings
The case was mentioned before Justice Patricia Nyaundi, who directed the involved parties to submit their arguments ahead of a full hearing scheduled with a judgment expected in April 2027.
Matatu Industry and Previous Legal Challenges
Kenya’s matatu industry, generating over Sh200 billion annually, is well-known for its vibrant culture that includes loud music and entertainment. Approximately 25,000 matatus operate in Nairobi, producing significant daily revenue.
This petition follows a recent High Court ruling that upheld NTSA’s ban on graffiti on public service vehicles, a decision later softened by presidential intervention to protect decorated matatus from penalties.
