The High Court has directed that a petition seeking to regulate loud music in public service vehicles will be heard next year, setting the stage for a determination on whether matatu operators can play amplified music without passengers' consent.

🇰🇪 Breaking It Down

According to a petition seen by Kenyans.co.ke , Advocate Samwel Barongo Nyamari filed the case against the Matatu Owners Association, National Transport and Safety Authority (NTSA), National Environment Management Authority (NEMA) and the Attorney General.

Nyamari argues that millions of Kenyans who rely on public transport are routinely exposed to amplified music during their journeys without their consent or the ability to control the volume and content being played.

In his petition, the lawyer wants the High Court to determine whether matatu operators can lawfully subject passengers to loud music throughout a journey without their approval.

📌 What You Need to Know

The petitioner argues that the issue goes beyond entertainment, claiming that excessive noise in public service vehicles raises constitutional questions relating to dignity, health, environmental rights and consumer protection.

“Passengers who purchase transportation purchase mobility. They do not purchase compulsory entertainment. They do not surrender constitutional autonomy,” part of the court documents read.

Nyamari further argues that the right to a clean and healthy environment under Article 42 of the Constitution extends to protection from excessive noise pollution, regardless of whether the source is stationary or mobile.

The petition states that loud music in matatus can affect passengers’ mental wellbeing , concentration and comfort, especially among commuters who spend several hours travelling daily.

The lawyer has accused relevant authorities of failing to put in place adequate measures to address noise levels in public transport vehicles, arguing that regulatory responsibility cannot be ignored because the practice has become common.

“The Constitution was never intended to stop operating at the entrance of a matatu. Rights do not evaporate once a citizen boards a vehicle,” the petition states.

📰 Source: Kenyans.co.ke