The High Court has set the hearing of a petition challenging the playing of loud music in public service vehicles, with a ruling expected on April 29, 2027.
The case was filed by advocate Samwel Barongo Nyamari against the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General.
Justice Patricia Nyaundi directed all parties to file and exchange written submissions before the matter proceeds to a full hearing.
At the heart of the petition is the question of whether matatu operators should be allowed to play amplified music throughout a journey without obtaining passengers’ consent.
Nyamari argues that the practice infringes on several constitutional rights, including the right to human dignity, the right to the highest attainable standard of health, the right to a clean and healthy environment, and consumer protection rights.
He contends that passengers should not be compelled to endure excessive noise during their journeys without having a choice.
The petitioner is also seeking court orders directing NTSA and NEMA to formulate, implement and enforce regulations governing noise levels in public service vehicles.
If granted, the orders would require the two regulators to establish clear standards on the volume of music played in matatus and ensure compliance by operators.
The outcome of the case could have far-reaching implications for Kenya’s public transport sector by determining whether passengers can successfully challenge excessive noise in matatus and whether regulatory agencies have a legal obligation to enforce limits on music played in public service vehicles.
The court is expected to deliver its ruling on April 29, 2027.
