A Nairobi lawyer has petitioned the High Court to outlaw loud music in matatus and other public service vehicles, arguing that the practice violates passengers’ constitutional rights and amounts to noise pollution.
In the petition, advocate Samwel Barongo Nyamari filed the case at the Milimani High Court’s Constitutional and Human Rights Division against the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA) and the Attorney General.
Nyamari contends that matatus frequently subject passengers to excessively loud music without prior notice, exposing unsuspecting commuters to noise that can cause psychological distress and harm to health.
He says the practice breaches the right to a clean and healthy environment, the right to freedom and security of the person, and consumer rights as protected under the Constitution.
In court filings, the lawyer describes the music as “cruel, deafening and disturbing noise disguised as music,” warning that prolonged exposure can negatively affect children, the elderly, people with autism, and passengers with underlying medical conditions. He adds that the noise can increase stress levels, hinder communication and contribute to long-term hearing problems.
Nyamari says commuters are denied a real choice because they are not informed about noise levels before boarding. Drawing from his experience as a daily commuter for more than six years, he describes the practice as entrenched and widespread, calling it a “silent pandemic” that erodes passenger dignity.
The petition further accuses NTSA and NEMA of failing to enforce existing noise control laws, including the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009.
The case comes against a backdrop of recurring public complaints and community petitions over noise pollution from public transport, particularly along busy urban routes, as pressure mounts on authorities to strengthen enforcement.
