Why All Nairobi Matatus Could Be Banned From Playing Loud Music
According to the petition, matatu operators play loud music indiscriminately, disregarding the needs of vulnerable groups
Vantage Ke Writer 
A petitioner has filed a case at the High Court seeking a blanket ban on loud music in public service vehicles (PSVs), arguing that the practice infringes on commuters’ constitutional rights and amounts to psychological torture.
In the constitutional petition, Samuel Borongo Nyamari states that he has lived in Nairobi for six years and depends on public transport—popularly known as matatus—daily.
He argues that throughout this period, he and other passengers have been exposed to persistent noise pollution caused by loud, unsolicited, and repetitive music played inside PSVs.
Nyamari contends that it is a matter of public notoriety, warranting judicial notice, that most matatus operating in Nairobi are equipped with powerful sound systems that blast music throughout the day without seeking passengers’ consent.
The Milimani Law Courts in Nairobi. /FILE
He maintains that the continuous exposure to excessive noise amounts to psychological torture and has created what he describes as a “silent pandemic” impacting thousands of commuters every day.
According to the petition, matatu operators play loud music indiscriminately, disregarding the needs of vulnerable groups, including young children and infants with delicate eardrums, elderly passengers, persons living with autism and other sensory sensitivities, sick commuters, and those who may wish to make or receive phone calls or travel in peace.
The petitioner further argues that matatu operators do not warn passengers about the loud music before they board, effectively ambushing unsuspecting members of the public once the journey is underway.
Nyamari asserts that the practice violates the constitutional right to a clean and healthy environment as provided for under Article 42, arguing that excessive noise constitutes environmental pollution.
He also cites a breach of the right to freedom and security of the person under Article 29, claiming that persistent loud music amounts to psychological torture and an intangible form of violence by private actors.
The petition also raises concerns over consumer rights under Article 46 of the Constitution, stating that passengers are denied services of reasonable quality and are not given essential information needed to fully enjoy public transport services.
According to Nyamari, commuters are entitled to the quiet and peaceful enjoyment of transport services.
He has also invoked Article 43, which pertains to the right to the highest attainable standard of health, arguing that prolonged exposure to loud music poses a risk to the hearing and overall well-being of children, the elderly, and individuals with autism and other health conditions.
Among the remedies sought, the petitioner wants the court to declare the playing of loud music in PSVs unconstitutional and in violation of Articles 29, 42, 43, and 46 of the Constitution. He is also seeking an order barring all public service vehicles from playing loud music.
The respondents named in the case are the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Matatu Owners Association.
Loud music is especially prevalent among Kenyan youth, many of whom favour pimped public service vehicles—commonly referred to as nganya—that pump out high-volume music alongside flashing club-style lights, large screens, and other onboard entertainment features aimed at passengers.
![Lioness Spotted At Rongai Estate After Thieves Break Into House [VIDEO]](https://viraltea.co.ke/uploads/images/2023/07/image_380x226_64b5a8851ca6e.jpg){kind=small}
