A Nairobi lawyer has petitioned the High Court seeking to outlaw the playing of loud, unsolicited music in public service vehicles, arguing that the practice violates the constitutional rights of commuters.
Advocate Samwel Barongo Nyamari has filed a petition against the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA) and the Attorney General, asking the court to compel authorities to curb excessive noise in matatus.
The case came before Justice Patricia Nyaundi at the Milimani Law Courts, where Nyamari argued that thousands of passengers are routinely subjected to loud music during their commutes without their knowledge, consent or the option to opt out.
In his petition, the lawyer contends that the practice infringes on several constitutional guarantees, including the right to human dignity, the right to privacy and the right to a clean and healthy environment. He argues that commuters should be able to travel in public service vehicles without being forced to endure excessive noise.
Nyamari is asking the court to determine whether matatu operators can lawfully play loud music throughout a journey without passengers’ consent and whether such conduct is compatible with the Constitution.
Following preliminary proceedings, Justice Nyaundi directed all parties to file and exchange their written submissions before the matter is set down for judgment.
The court is expected to deliver its judgment on April 29, 2027.
