Nairobi Lawyer Moves to Court to Stop Loud Music in Matatus, Claims Constitutional Rights Violations
A Nairobi-based advocate has filed a petition at the High Court seeking to stop public service vehicles from playing loud music, arguing that the long-standing practice amounts to noise pollution and violates several constitutional rights of commuters.
In the case, lawyer Samwel Barongo Nyamari has sued the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General, accusing them of failing to protect passengers from what he describes as “cruel, deafening and disturbing noise disguised as music” in public transport vehicles.
Nyamari, who says he has lived and worked in Nairobi for the past six years, argues that excessive music played in matatus amounts to psychological torture and exposes the public to harmful levels of noise pollution. He says the practice disproportionately affects vulnerable groups, including children, the elderly, the sick and people living with autism.
In his court filings, the advocate contends that the practice violates Article 42 of the Constitution, which guarantees every person the right to a clean and healthy environment. He also cites Article 29 on freedom and security of the person, as well as Article 46, which protects consumer rights.
“Over the said six years, therefore, the Petitioner, as a consumer of transport services, has undergone gruesome torture from loud, unsolicited, repetitive, lowly noise disguised as music, wherever he boards matatus,” the petition reads in part.
He further adds: “Over the said six years, the Petitioner has also witnessed other fellow consumers suffer at the ‘silent’ pandemic of unsolicited, loud and repetitive music from matatus.”
According to Nyamari, a majority of public service vehicles operating within Nairobi are fitted with powerful sound systems that play loud music throughout the day, often without any warning to passengers before they board. He argues that this denies commuters the ability to make informed choices about the services they consume.
“The failure by operators to disclose the presence of loud music deprives passengers of their consumer rights,” he argues, insisting that commuters should be given an option to avoid such vehicles altogether.
The petition also links prolonged exposure to loud music to negative health outcomes, including hearing damage, mental distress and reduced overall well-being. Nyamari claims that repeated exposure to drum-heavy and high-volume music amounts to an “intangible form of violence” that degrades the quality and dignity of public transport services.
He has further accused NTSA and NEMA of failing to enforce existing laws and regulations on noise pollution and standards in public transport, arguing that the State has abandoned its constitutional obligation to safeguard the welfare and rights of citizens.
As part of his application, Nyamari is asking the High Court to declare the playing of loud music in public service vehicles unconstitutional. He is also seeking an order permanently prohibiting matatus from playing loud music, as well as directives compelling NTSA, NEMA and the Attorney General to enforce the court’s decision should the petition succeed.
The case is yet to be heard.
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Nairobi Lawyer Moves to Court to Stop Loud Music in Matatus, Claims Constitutional Rights Violations