A High Court advocate has filed a petition seeking orders to stop matatus from playing loud and unsolicited music while carrying passengers, arguing that the practice violates commuters' constitutional rights.
Advocate Samuel Barongo Nyamari says the case has been filed in the public interest, maintaining that passengers should not be forced to endure loud music throughout their journeys. He argues that the practice infringes on their rights to dignity, privacy and a clean and healthy environment.
Nyamari describes loud music in matatus as a long-standing problem, particularly in Nairobi, saying it has become so widespread that it requires court intervention.
"A pandemic that has been perpetrated for a long period of time by the matatus in this country, specifically in this city of Nairobi," he told the court.
The advocate has sued the National Environment Management Authority (Nema), the Matatu Owners Association (MOA), the National Transport and Safety Authority (NTSA) and the Attorney General.
When the matter came up for mention before Justice Patricia Nyaundi on Monday, Nyamari argued that loud music in public service vehicles amounts to a public nuisance that disrupts commuters and undermines public order.
"My lady I invite this court to take judicial note that many matatus play loud music all through without regard to the nature of passengers they are carrying. Play loud music to the young, tender babies, to the old, to the sick. You cannot even take a call," he said.
The court directed all parties to file their submissions before the matter proceeds to a full hearing. Judgment is expected in April 2027.
The petition comes against the backdrop of existing laws regulating noise pollution in Kenya. Nema enforces regulations that prohibit unreasonable or excessive noise that interferes with the comfort, health, safety or wellbeing of others.
In Nairobi, the Public Nuisance Act, 2021 also classifies loud music in public spaces as a nuisance. The law requires operators of public service vehicles to switch off or mute entertainment systems when entering designated areas within the Central Business District and only resume playing music after leaving those zones. It also outlaws loud, repeated or continuous hooting and excessive sound amplification at stages and terminals where it amounts to a public nuisance.
The case adds to a growing list of legal disputes involving Kenya's matatu industry, which the Kenya National Bureau of Statistics estimates generates more than Sh200 billion annually. The Matatu Owners Association has previously said about 25,000 matatus operating in Nairobi generate an estimated Sh375 million every day.
It also follows another recent court battle involving public service vehicles. In April this year, the High Court upheld NTSA's restrictions on graffiti on matatus, ruling that the regulations were lawful and intended to promote road safety. However, President William Ruto later directed NTSA not to take punitive action against decorated public service vehicles, easing enforcement of the graffiti rules.