A Nairobi-based advocate has petitioned the High Court to stop public service vehicles from playing loud music, arguing that the practice infringes on commuters’ constitutional rights and amounts to noise pollution and psychological torture.
In the petition, 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 the public from what he describes as “cruel, deafening and disturbing noise disguised as music” in matatus.
Nyamari, who says he has lived and worked in Nairobi for the past six years, argues that blaring music in public transport goes beyond entertainment and instead inflicts harm on passengers, particularly children, the elderly, the sick and people living with autism.
He told the court that the practice violates several provisions of the Constitution, including Article 42, which guarantees every person the right to a clean and healthy environment; Article 29 on freedom and security of the person; and Article 46 on 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,” reads part of the petition.
He adds that the problem extends beyond his personal experience, saying he has witnessed countless other commuters suffer what he terms a “silent pandemic” of unsolicited, loud and repetitive music in public service vehicles.
According to the court filings, most matatus operating in Nairobi are fitted with powerful sound systems that blast music throughout the day, often without warning passengers in advance. Nyamari argues that this denies commuters the right to make informed choices about the services they consume, as they are not told beforehand that they will be subjected to loud music during their journey.
The petition further links the practice to potential health risks, including hearing damage, mental distress and general discomfort, especially among vulnerable groups. Nyamari contends that repeated exposure to heavy, drum-laden music amounts to an intangible form of violence and significantly lowers the quality of public transport services.
He has also faulted NTSA and NEMA for failing to enforce existing laws and regulations on noise pollution and standards in public transport. In his view, this failure amounts to the State abandoning its constitutional duty to safeguard the rights, health and welfare of citizens.
Nyamari is now asking the High Court to declare the playing of loud music in public service vehicles unconstitutional and to issue an order banning matatus from playing loud music altogether.
He has also sought orders compelling NTSA, NEMA and the Attorney General to enforce the court’s directives should the petition succeed, a move that could significantly change the daily experience of millions of commuters in Nairobi and other urban centres.
