NAIROBI, Kenya — The High Court has set next year to hear a constitutional petition seeking to regulate loud music in public service vehicles (PSVs), in a case that could redefine the rights of millions of Kenyans who rely on matatus for daily transport.
The petition, filed by advocate Samwel Barongo Nyamari, challenges the widespread practice of playing amplified music in matatus without passengers’ consent.
Nyamari has sued the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA) and the Attorney General, arguing that commuters are routinely subjected to excessive noise with no option to control either the volume or content of the music.
At the centre of the case is whether matatu operators can lawfully expose passengers to loud music throughout a journey without first obtaining their approval.
Lawyer cites constitutional rights
In his petition, Nyamari argues that the issue extends beyond passenger entertainment, raising fundamental constitutional questions relating to human dignity, public health, environmental rights and consumer protection.
He contends that commuters pay for transport services, not compulsory entertainment.
“Passengers who purchase transportation purchase mobility. They do not purchase compulsory entertainment. They do not surrender constitutional autonomy,” part of the court documents states.
The lawyer further argues that Article 42 of the Constitution, which guarantees every person the right to a clean and healthy environment, also protects citizens from excessive noise pollution, regardless of whether the source is stationary or mobile.
Concerns over health and wellbeing
According to the petition, prolonged exposure to loud music in public service vehicles may negatively affect passengers’ mental wellbeing, comfort and concentration, particularly for commuters who spend several hours travelling each day.
Nyamari also accuses government regulators of failing to adequately address noise pollution in public transport despite the practice becoming commonplace.
He argues that regulatory agencies have a constitutional obligation to protect passengers from unnecessary noise exposure.
“The Constitution was never intended to stop operating at the entrance of a matatu. Rights do not evaporate once a citizen boards a vehicle,” the petition states.
Orders sought from the court
The petitioner is seeking orders compelling the relevant authorities to develop and implement regulations governing acceptable noise levels in public service vehicles.
Among the measures proposed are routine inspections, enforceable compliance standards and effective enforcement mechanisms to ensure operators adhere to prescribed noise limits.
Nyamari argues that such measures would strike a balance between passenger comfort, operators’ business interests and constitutional protections.
