Petition filed to ban loud music in matatus

In the petition, Lawyer Samwel Barongo Nyamari has faulted the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General for failing to protect commuters from what he termed “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, argued that loud music in public transport amounts to psychological torture and noise pollution affecting the general public specifically children, the elderly, the sick, and people living with autism. 

He noted that the practice violates Article 42 of the Constitution on 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 6 years, therefore, the Petitioner, as consumer of transport services, has undergone gruesome torture from loud, unsolicited, repetitive, lowly noise disguised as music, wherever he boards matatus," the petition read in part. 

"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 the petition, a majority of matatus operating in Nairobi are fitted with heavy music systems that play loud music throughout the day without warning passengers. 

Nyamari argued that commuters are denied the opportunity to make informed choices about the services they consume, as operators fail to disclose the presence of loud music before passengers board.

The petition further links the practice to adverse health outcomes, citing risks to hearing, mental well-being, and overall health, particularly among vulnerable groups. 

He pointed out that repeated exposure to loud, drum-heavy music amounts to an intangible form of violence and degrades the quality of transport services.

In his filings, the petitioner faults NTSA and NEMA for failing to enforce existing laws and regulations on noise pollution and public transport standards. He also accused the State of abandoning its constitutional duty to safeguard the rights and welfare of citizens.

In his petition, Nyamari asked the court to declare the playing of loud music in public service vehicles unconstitutional and issue an order prohibiting all matatus from playing loud music. 

He also sought an order compelling NTSA, NEMA, and the Attorney General to enforce the court’s directives should the petition succeed.