The Lower Eastern Times Opening The Third Eye
A High Court advocate has moved to court seeking orders that would bar matatus from blasting loud, unsolicited music while ferrying passengers.
Advocate Samuel Barongo Nyamari said he filed the petition in the public interest, arguing that the practice violates commuters’ constitutional right to dignity. He described the issue as a persistent problem that has plagued Nairobi’s matatu industry for years, likening it to a long-standing nuisance inflicted on the public.
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According to Nyamari, blasting loud music in matatus infringes not just on passengers’ right to a peaceful environment, but also on their rights to dignity, privacy, and a clean and healthy environment. He has named the National Environment Management Authority (Nema), the Matatu Owners Association (MOA), the National Transport and Safety Authority (NTSA), and the Attorney General as respondents in the case.
Appearing before Justice Patricia Nyaundi on Monday for a mention, Nyamari urged the court to recognize that many matatus play loud music indiscriminately, regardless of the type of passengers on board — including infants, elderly people, and the sick — making it difficult for commuters to even hold a phone conversation. He argued the practice constitutes a nuisance that disrupts public order and should be halted.
The court directed all parties to file their submissions ahead of a full hearing, with a ruling expected in April 2027.
Kenya’s matatu culture, especially prominent in Nairobi and other urban centers, has become closely tied to loud music and flashy entertainment features. Many customized minibuses — commonly known as “nganyas” — are fitted with powerful sound systems as a key selling point to attract passengers.
This trend, however, runs up against existing noise pollution regulations. Nema enforces rules barring excessive or unreasonable noise that disrupts the comfort, health, safety, or peace of others. Additionally, the Nairobi City County Public Nuisance Act, 2021 classifies loud music in public spaces as a nuisance, requiring matatu operators to switch off or mute their sound systems upon entering designated zones within the city centre. Music may only resume once a vehicle has fully exited the Central Business District. The law also bars continuous or repeated hooting and loud sound amplification at stages and terminals where it amounts to a public nuisance.
This petition adds to a growing list of legal battles involving Kenya’s matatu sector, an industry the Kenya National Bureau of Statistics estimates generates more than Sh200 billion annually. The MOA has previously noted that roughly 25,000 matatus operating in Nairobi alone bring in an estimated Sh375 million each day.
The case follows a separate ruling in which the High Court dismissed a petition challenging NTSA’s ban on graffiti art on public service vehicles. On April 29, 2026, the court upheld the restrictions, deeming them lawful and geared toward promoting road safety. However, on May 22, President William Ruto directed NTSA to exempt decorated public service vehicles from enforcement action, granting operators temporary relief from the graffiti ban.
