Man Moves to Court to Ban Loud ‘Nganya’ Music in Matatus

A constitutional petition has been filed at the High Court in Nairobi seeking to ban the playing of loud music in public service vehicles, arguing that the practice violates commuters’ constitutional rights.

The petition was lodged by lawyer Samuel Borongo Nyamari, who says excessive noise in matatus amounts to noise pollution and causes psychological harm to passengers. He states that many vehicles are equipped with powerful sound systems that play music continuously and without the consent of those on board.

Nyamari, who says he has used matatus daily for the past six years, describes the experience as persistent and unavoidable exposure to high noise levels. He argues that this environment disproportionately affects vulnerable groups, including children, older people, persons with autism, and individuals with medical conditions that are worsened by loud noise.

The petition cites Article 42 of the Constitution, which guarantees the right to a clean and healthy environment, and classifies excessive noise as a form of environmental pollution. It also relies on Article 29 on freedom and security of the person, asserting that constant loud music amounts to psychological torture and non-physical violence.

In addition, Nyamari invokes Article 46 on consumer rights, arguing that passengers are denied services of reasonable quality and are not given sufficient information to make informed choices about their travel. He further refers to Article 43, which protects the right to the highest attainable standard of health, warning that prolonged exposure to high decibel levels poses risks to hearing and general wellbeing.

The respondents named in the case are the National Transport and Safety Authority, the National Environment Management Authority, the Matatu Owners Association, and the Attorney General. The petitioner accuses these bodies of failing to regulate or control the widespread use of loud music in public transport, despite their legal responsibility to protect the public.

Nyamari is seeking a declaration that the playing of loud music in public service vehicles is unconstitutional, as well as an order prohibiting the practice altogether.