City lawyer Barongo Nyamari has moved to court seeking orders to permanently bar matatus from playing loud music, arguing that the practice violates several constitutional rights.
In Constitutional Petition No. E861 of 2025, filed at the Constitutional and Human Rights Division of the Milimani Law Courts, Nyamari challenges what he terms persistent noise pollution inside public service vehicles, which he says amounts to psychological torture and poses a serious public health risk.
He has sued the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Office of the Attorney General for allegedly failing to shield commuters from excessive and unsolicited noise.
According to the petition, Nyamari has relied on matatus almost daily for the past six years and has repeatedly been exposed to loud, repetitive music played without prior warning. He argues that passengers are never informed in advance and are effectively trapped once a journey begins.
Nyamari contends that the practice disproportionately affects vulnerable groups, including children, the elderly, people living with autism, the sick, and commuters who need to make phone calls or prefer to travel in silence. He says matatu operators show little regard for such passengers when blasting music through powerful sound systems.
He 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 protected under Article 46. He further claims that prolonged exposure to loud music undermines the right to the highest attainable standard of health, particularly for people with sensitive hearing.
Among the orders sought, Nyamari wants the High Court to declare the playing of loud music in public service vehicles unconstitutional and to issue a permanent prohibition against the practice. He is also seeking orders compelling the NTSA, NEMA, and the Attorney General to enforce any directives issued by the court.
The petition has been filed as a public interest case, with Nyamari stating that he is acting on behalf of children, the elderly, persons with disabilities, and the general public who depend on public transport on a daily basis.
