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A Nairobi lawyer has filed a petition in the High Court seeking to stop public service vehicles from playing loud music, arguing that the practice infringes on several constitutional rights.
In the petition, Lawyer Samwel Barongo Nyamari criticized the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General for failing to protect commuters from what he described as “cruel, deafening, and disturbing noise disguised as music.”
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Nyamari, who has lived and worked in Nairobi for six years, claims that loud music in matatus constitutes psychological torture and noise pollution, affecting vulnerable groups such as children, the elderly, the sick, and people with autism. He further argued that the practice violates Article 42 of the Constitution on the right to a clean and healthy environment, Article 29 on freedom and security of the person, and Article 46 on consumer rights.
“Over the past six years, I, as a commuter, have endured extreme discomfort from loud, unsolicited, repetitive music in matatus,” the petition states. “I have also witnessed fellow passengers suffer from this ‘silent’ pandemic of disruptive music.”
The petition notes that most matatus in Nairobi are equipped with powerful music systems that play loudly throughout the day without notifying passengers, denying them the opportunity to make informed choices about the transport services they use.
Nyamari linked the practice to negative health impacts, including risks to hearing, mental health, and overall well-being, describing repeated exposure to loud, drum-heavy music as a form of intangible violence that diminishes the quality of public transport.
He also accused NTSA and NEMA of failing to enforce existing noise pollution and transport regulations, claiming that the State has neglected its constitutional duty to protect citizens’ rights and welfare.
In his petition, Nyamari is asking the court to declare playing loud music in public service vehicles unconstitutional and to issue an order banning matatus from doing so. He also seeks directives compelling NTSA, NEMA, and the Attorney General to enforce the court’s orders if the petition is successful.
