A Nairobi resident has filed a constitutional petition in the High Court seeking a nationwide ban on playing loud music in public service vehicles, known as matatus, arguing that the common practice inflicts psychological harm and infringes on passengers’ fundamental rights.
The petition claims the noise violates several rights under Kenya’s 2010 Constitution, including a clean and healthy environment (Article 42, treating excessive sound as pollution), freedom from torture and violence (Article 29), consumer protections for quality services and information (Article 46), and the highest attainable health standards (Article 43, citing risks to hearing).
Samuel Borongo Nyamari, who has lived in Nairobi for six years and relies almost exclusively on matatus for transport, describes the practice as a form of “cruel, deafening and disturbing noise disguised as music.”
In his filing, he accuses operators of blasting high-volume tunes without passenger consent, creating what he calls a “silent pandemic” of noise pollution affecting millions.
Named as respondents are the National Transport and Safety Authority, the National Environment Management Authority, the Matatu Owners Association, and the Attorney General — all faulted for inaction despite existing noise regulations.
If successful, the case could result in a court declaration that loud music in public service vehicles is unconstitutional, along with a permanent ban and orders compelling regulators to enforce it.
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