The High Court has scheduled a hearing for next year to consider a petition challenging the playing of loud music in public service vehicles, particularly matatus, without passengers' consent.
The case was filed by Advocate Samwel Barongo Nyamari against the Matatu Owners Association, National Transport and Safety Authority (NTSA), National Environment Management Authority (NEMA), and the Attorney General.
Petition Grounds
Nyamari contends that millions of Kenyans who rely on public transport are exposed to amplified music during their trips without any control over the volume or content. The petition raises constitutional concerns, citing impacts on passengers' dignity, health, environmental rights, and consumer protection.
According to the petition, passengers pay for mobility, not compulsory entertainment, and their constitutional rights should not be compromised once they board a vehicle.
Legal and Environmental Concerns
- The petition invokes Article 42 of the Constitution, which guarantees the right to a clean and healthy environment, extending this protection to include noise pollution from mobile sources like matatus.
- Excessive noise is said to adversely affect mental wellbeing, concentration, and comfort, especially for daily commuters spending extended hours in transit.
- Advocate Nyamari accuses the relevant authorities of neglecting their regulatory duties to control noise levels in public transport vehicles.
Next Steps
The matter was presented before Justice Patricia Nyaundi at Milimani Law Courts, where the parties were instructed to submit written arguments ahead of the hearing. The court is expected to issue its ruling on April 29, 2027.
This decision will clarify whether commuters have the right to challenge unwanted noise exposure while using public transport.
