Advocate Samwel Barongo Nyamari has filed a constitutional petition before the High Court seeking to prohibit the playing of loud and unsolicited music in public service vehicles, arguing that the practice infringes on the constitutional rights of commuters.

In the case, Nyamari has named the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA) and the Attorney General as respondents.

He is asking the court to intervene and halt what he describes as persistent excessive noise in matatus.

The petition was mentioned before Justice Patricia Nyaundi at the Milimani Law Courts, where Nyamari argued that many passengers are compelled to endure loud music during their journeys without being consulted or given the option to opt out.

According to the petitioner, the practice violates a number of constitutional rights, including the right to human dignity, privacy and a clean and healthy environment.

He contends that commuters should not be subjected to excessive noise while using public transport against their wishes.

Nyamari is also asking the court to determine whether matatu operators can lawfully play loud music throughout a journey without obtaining passengers’ consent and whether the practice is compatible with constitutional protections.

Following the mention of the matter, Justice Nyaundi directed all parties to file and exchange their written submissions before the case proceeds to judgment.

The High Court is expected to deliver its judgment on April 29, 2027.