By Benadeta Mwaura - Reporter
Kenya, December 31 2025 - A Nairobi based advocate has filed a constitutional petition at the High Court seeking to outlaw the practice of playing loud music in matatus and public service vehicles (PSVs), saying the noise amounts to noise pollution, psychological distress and violation of commuters’ rights.
In Constitutional Petition No. E861 of 2025, lawyer Samwel Barongo Nyamari moved 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.
The petitioner argues that matatus routinely play excessively loud music without warning to unsuspecting passengers, forcing commuters to endure noise that can affect their wellbeing.
Nyamari claims the practice violates multiple constitutional rights and statutory provisions, including, Article 42 — Right to a Clean and Healthy Environment, Article 29 — Right to Freedom and Security of the Person, and , Article 46 — Consumer Rights In his filings, he describes the loud music as “cruel, deafening and disturbing noise disguised as music,” arguing that it amounts to environmental and psychological harm.
Nyamari says commuters are not informed about the volume levels before boarding, leaving them without a genuine choice to avoid the noise. The petition details how prolonged exposure to loud, drumheavy music can harm passengers’ health, especially children, the elderly, people with autism, and those with existing medical conditions. Nyamari contends that such noise levels can worsen stress, impede communication, and lead to longer term hearing issues.
He describes his own experience as a daily commuter over six years, saying that unsolicited loud music in matatus is consistent and pervasive, a “silent pandemic” that degrades transport quality and passenger dignity. The petition also faults NTSA and NEMA for failing to enforce existing laws, including the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, which limits unnecessarily loud vehicle sounds and sets permissible noise levels. Critics say noise pollution enforcement has been weak despite frequent complaints from the public.
Across Kenya, residents have previously joined grassroots petitions demanding action on noise from vehicles and public transport along busy routes such as Kibera Station Road and Jamhuri Estate, citing impacts on health, sleep, attention and stress levels.
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The debate resonates with many commuters, as social media reveals widespread annoyance with loud music in matatus. Some everyday users say the noise can be so overpowering that phone calls and conversations become impossible, and can even cause headaches, stress and discomfort.
Others share that they avoid boarding certain matatus solely because of loud audio systems. A common sentiment on community forums is that while music culture in matatus is part of Kenya’s public transport identity, excessive volume without consent crosses into nuisance and public health concern.
Matatus, the backbone of Kenya’s urban and periurban transport, have long blended music, graffiti, entertainment and personality into their cultural expression. However, this vibrant culture has also drawn regulatory pushback, including past efforts by the National Transport and Safety Authority (NTSA) to curb unauthorized modifications, excessive noise and unsafe practices in PSVs.
In 2025, NTSA even flagged that music played in matatus must stay within allowable volume limits, part of broader enforcement on vehicle safety, paintwork, modifications and branding for PSVs. Nyamari is asking the High Court to, Declare the playing of loud music in matatus constitutional, , Prohibit all matatus from playing excessively loud music, and, Order state agencies to enforce noise standards and uphold commuter rights The petition is framed as a public interest matter, representing the rights of commuters, especially vulnerable groups, who rely on public transport daily.
The court’s decision could shape how Kenya balances public transport culture with environmental health, noise regulation and consumer rights, potentially prompting stricter enforcement of noise limits nationwide. Legal analysts say that if successful, the petition may lead to formal guidelines on audio levels in public vehicles and stiffer penalties for violations.
