Lawyer Samuel Borongo Nyamari has filed a petition at the High Court seeking a ban on loud music in public service vehicles, claiming it violates passengers' constitutional rights. He argues the practice causes noise pollution and psychological torture, particularly affecting vulnerable groups. The petition targets violations of Articles 42, 29, 46, and 43 of the Constitution.
Lawyer Samuel Borongo Nyamari, based in Nairobi, has filed a petition at the High Court against the Matatu Owners Association, the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA), and the Attorney General. He states that for the past six years, he has relied on matatus for daily commuting and endured repetitive loud music that disrupts peace and causes noise pollution.
According to the petition, this practice violates the right to a clean and healthy environment under Article 42 of the Constitution, as excessive noise qualifies as environmental pollution. It also breaches personal freedom and security under Article 29, amounting to psychological torture and assault on passengers. Consumer rights under Article 46 are cited, noting that passengers receive no prior warning about the music and thus cannot access quality services or make informed choices.
Furthermore, Nyamari argues that the loud music endangers the right to health under Article 43, particularly for vulnerable individuals such as infants with sensitive ears, elderly people with hearing issues, the ill, and those with autism or sensory sensitivities. He claims matatu operators disregard these groups and ambush unsuspecting commuters.
Nyamari seeks a court declaration that playing loud music in public service vehicles is unconstitutional and an order prohibiting it entirely. He also requests that NTSA, NEMA, and others enforce any such ruling. The court has yet to issue directives on the case's hearing.
