Kenya’s High Court has upheld a directive by the National Transport and Safety Authority (NTSA) requiring Public Service Vehicles (PSVs) to remove graffiti, branding, and tinted windows, ruling that the measures are constitutional and necessary for road safety.
Court Backs Road Safety Measures
In a ruling delivered by Justice Bahati Mwamuye, the court dismissed a petition challenging the May 2025 directive.
The judge found that the regulations were reasonable, developed through public participation, and did not infringe on constitutional rights.
Safety Over Artistic Expression
The court rejected arguments that the directive unfairly targets matatu operators or undermines “nganya” culture.
Instead, it emphasised that public safety must take precedence over artistic expression in the transport sector.
NTSA Position Supported
NTSA had argued that the directive is aimed at improving visibility, enhancing passenger safety, and promoting uniformity within the PSV sector.
The court agreed with this position, reinforcing the regulator’s authority to implement such safety measures.
Appeal Window Granted
While dismissing the petition, the court granted the petitioner 14 days to file an appeal. Limited interim orders were also issued pending any further legal action.
Impact on Matatu Industry
The ruling is expected to have a significant impact on Kenya’s vibrant matatu culture, particularly the popular graffiti-covered “nganyas,” as operators move to comply with the new regulations.
