High Court Clears NTSA to Enforce Ban on Flashy PSV Modifications

Wait 5 sec.

NAIROBI, Kenya, Apr 29 — The High Court has affirmed regulations issued by the National Transport and Safety Authority (NTSA) requiring public service vehicles to strip off graffiti art, flashy branding, and tinted windows, in a decision that deals a significant blow to promoters of Kenya’s popular nganya matatu culture.In a ruling delivered on Wednesday, Justice Bahati Mwamuye dismissed a constitutional challenge to the directive introduced in May 2025, concluding that the measures are lawful and primarily intended to enhance road safety.The petition had been filed by Michael Makubo, who argued that the directive unfairly targeted matatu operators and threatened a distinctive form of youth-driven urban creativity widely associated with the nganya subculture.He also maintained that the rules were discriminatory and rolled out without sufficient public engagement.However, the court found that those claims were not supported by evidence.“The petitioner has failed to establish any violation of his constitutional rights or those he claims to represent,” Justice Mwamuye ruled.The judge further determined that the legal framework underpinning the directive followed the required procedures, including stakeholder consultations and parliamentary review, thereby meeting constitutional standards.Central to the case was the question of whether artistic expression in public transport could be limited in the interest of safety.The court held that restrictions on certain vehicle alterations, such as heavy tinting, oversized decorations, and elaborate graffiti, are permissible where they are necessary to protect passengers and other road users.Justice Mwamuye emphasized that constitutional rights can be reasonably limited when there is a compelling public interest, noting that road safety concerns justified the regulations.The NTSA had defended the directive as a practical measure to improve road visibility, enhance passenger protection, and establish uniform safety standards across the public transport sector.The court agreed with this position, describing the notice as an enforcement of existing legal obligations rather than the introduction of entirely new rules.The court also dismissed allegations that the directive specifically targeted matatu operators associated with the nganya movement. According to the ruling, there was no proof that enforcement actions were selective or discriminatory.While acknowledging that the case raised important questions about preserving cultural expression, the judge stated that artistic interests cannot override statutory safety requirements designed to protect the public.Following the judgment, the petitioner’s legal team requested time to challenge the decision and asked the court to maintain the existing situation temporarily. Although government lawyers opposed the request, the court granted a short-term reprieve to allow for an orderly transition.The temporary relief took effect immediately and will remain in place until May 17, 2026, unless a higher court extends the orders.Justice Mwamuye clarified that the interim measure does not alter the court’s findings confirming the legality of the NTSA directive.