By Andrew Kariuki

‘Nganya culture’ has suffered a major legal setback after the High Court upheld a directive requiring public service vehicles to remove graffiti, decorative artwork and tinted windows.

In a judgment delivered on Wednesday, Justice Bahati Mwamuye dismissed a constitutional petition challenging the National Transport and Safety Authority (NTSA) enforcement notice issued in May 2025.

The petition, filed by Michael Makubo, argued that the directive unfairly targeted matatu operators and threatened nganya culture, a popular urban transport identity known for graffiti, neon lighting, tinted windows and customised interiors.

Makubo further claimed that the directive violated constitutional rights, lacked adequate public participation and discriminated against operators who depend on artistic vehicle modifications for commercial appeal.

However, the court found that the petitioner had failed to demonstrate any violation of constitutional rights.

Justice Mwamuye held that the directive was lawful and justified, noting that limitations on certain rights are permissible under Article 24 of the Constitution where public safety is concerned.

He ruled that the government’s obligation to ensure road safety outweighs claims that decorated vehicles constitute protected artistic expression.

The court heard that NTSA required operators to remove graffiti, dark tints and similar modifications to enhance passenger visibility, improve enforcement and standardise safety across the sector.

Justice Mwamuye agreed with the regulator, stating that the notice was not a new law but an administrative measure reinforcing existing transport regulations.

He also dismissed claims of unfair administrative action and found no evidence that operators associated with nganya culture were being selectively targeted.

While the petition was framed as a public interest case aimed at protecting cultural expression within the matatu industry, the court held that such considerations could not override statutory safety requirements.

The court declined to grant the orders sought and upheld NTSA’s directive in full.

Following the ruling, the petitioner’s lawyer made an oral application seeking 14 days to file an appeal and requested temporary preservation of the status quo.

State lawyers opposed the request, arguing that the court had already delivered its final judgment.

Justice Mwamuye, however, granted limited temporary relief, allowing a short transition period to enable compliance and preserve the right to appeal.

The interim relief will lapse on May 17, 2026, unless a higher court issues further orders.