High Court to rule on loud matatu music after Nairobi lawyer files lawsuit
A Nairobi lawyer argues daily commuters are subjected to unconsented noise pollution, urging the High Court to intervene on constitutional grounds.
Matatus at a stage in Eastleigh, Nairobi on May 18, 2026. (Photo: Abdirahman Khalif)
A Nairobi advocate has moved to the High Court to stop public service vehicles from playing loud music without passengers' consent, arguing that the practice violates commuters' constitutional rights.
In a petition filed at the Milimani Law Courts, lawyer Samwel Barongo Nyamari wants the court to compel government agencies and the matatu industry to regulate excessive noise in public transport. He has named the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General as respondents.
Nyamari contends that thousands of daily matatu commuters are forced to endure loud music without any choice.
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"Passengers are routinely subjected to loud music during their commutes without their knowledge, consent or the option to opt out," Nyamari states in his court papers.
The petition argues that this practice violates several constitutional rights, including the right to human dignity, privacy, and a clean and healthy environment. Asserting that commuters deserve a peaceful ride, the advocate insists the issue warrants judicial intervention.
"The court should determine whether matatu operators can lawfully play loud music throughout a journey without passengers' consent and whether such conduct is compatible with the Constitution," the petition reads.
Nyamari is asking the court to order relevant authorities to take regulatory action against excessive noise in public service vehicles to protect passengers' rights.
The case came up before Justice Patricia Nyaundi, who directed all parties to file and exchange written submissions ahead of a judgment scheduled for April 29, 2027.