By Andrew Kariuki
A Nairobi-based advocate has moved to the High Court seeking orders to permanently stop matatus from playing loud music, arguing that the practice violates multiple constitutional rights.
In Constitutional Petition No. E861 of 2025, filed before the Constitutional and Human Rights Division at Milimani, Samwel Barongo Nyamari is challenging what he describes as persistent noise pollution inside matatus, which he says amounts to psychological torture and a threat to public health.
Nyamari has sued the Matatu Owners Association, the National Transport and Safety Authority, the National Environment Management Authority and the Office of the Attorney General, accusing them of failing to protect commuters from excessive and unsolicited noise in public transport.
In the petition, Nyamari states that he has used matatus almost daily for the past six years and has been repeatedly subjected to loud, repetitive loud music played without warning.
He argues that passengers are never informed beforehand and are effectively trapped once the journey begins.
He contends that the practice disproportionately affects vulnerable groups, including children, the elderly, people with autism, the sick and commuters who need to make phone calls or ones who wish to simply travel in silence.
According to the petition, matatu operators show little regard for these passengers when blasting music through heavy sound systems.
Nyamari argues that the conduct violates the constitutional right to a clean and healthy environment under Article 42, the right to freedom and security of the person under Article 29, and consumer rights under Article 46.
He further claims that prolonged exposure to loud music threatens the right to the highest attainable standard of health, especially for people with sensitive hearing.
The petition accuses state agencies of failing to enforce existing laws on noise pollution and public health, despite being mandated to regulate transport safety and environmental protection.
Among the remedies sought, Nyamari wants the high court to declare the playing of loud music in public service vehicles unconstitutional and issue an order prohibiting matatus from playing loud music altogether.
He is also seeking a court order compelling NTSA, NEMAand the Attorney General to enforce the court’s eventual directives.
The case is filed as a public interest petition, with Nyamari stating that he is acting on behalf of children, the elderly, persons with disabilities and the general public who rely on public transport daily.
