The High Court has dismissed a petition challenging the National Transport and Safety Authority (NTSA) directive requiring all public service vehicles (PSVs) to remove graffiti, decorative artwork, and tinted windows. The ruling marks a significant setback for matatu operators defending Kenya’s vibrant “nganya” culture, which has long been synonymous with colorful vehicle art, loud music, and customized interiors.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye upheld the NTSA directive issued in May 2025, asserting that it was lawful, proportionate, and aimed at enhancing road safety across the public transport sector. The court concluded that the restrictions did not infringe on constitutional rights, effectively clearing the way for stricter enforcement on PSVs.
The Petition: Claims of Cultural and Artistic Suppression
The petition was filed by Michael Makubo, a matatu operator and self-described advocate for the preservation of Kenya’s matatu culture. Makubo argued that the directive unfairly targeted operators who embrace artistic expression as part of their business identity.
“The directive threatens a culture that is uniquely Kenyan,” Makubo said in court. “Nganya culture is not just about transport; it’s about art, music, and community identity. Removing these elements diminishes the cultural vibrancy of our transport sector.”
Makubo also claimed that the NTSA introduced the directive without adequate public participation, making it arbitrary and discriminatory. He insisted that operators who use elaborate graffiti and interior customization were being unfairly singled out.
The Court’s Reasoning: Safety Over Style
Justice Mwamuye, however, found the petitioner’s arguments unconvincing. The judge emphasized that public safety concerns outweigh claims of artistic expression in the transport sector.
“The petitioner has not demonstrated that any constitutional right has been infringed,” Justice Mwamuye wrote in his ruling. “The directive is a reiteration of existing regulations, intended to ensure visibility, compliance, and safety standards across the PSV sector.”
The court noted that the NTSA’s directive was not the introduction of a new law but a reminder of existing rules already enshrined in the Road Traffic Act and related transport regulations. These rules stipulate that tinted windows, graffiti, and other modifications can impede visibility for both passengers and law enforcement, posing potential safety risks.
Justice Mwamuye further dismissed claims of unfair administrative action, noting there was no evidence that operators linked to nganya culture had been specifically targeted. He stated that all public service operators are subject to the same safety and compliance standards, regardless of their artistic or cultural preferences.
Public Reaction: Divided Opinions
The ruling has sparked debate across Kenya, particularly among youth and matatu enthusiasts who see vehicle graffiti as an essential expression of culture. Many argue that matatus are more than transport vehicles—they are moving canvases that showcase Kenyan creativity and ingenuity.
“I understand the safety concerns,” said a Nairobi commuter, Sarah Wanjiku. “But the matatus are part of our culture. They make daily travel fun, not just functional. It’s sad to see the colors and music go.”
Others, however, support the NTSA’s move, pointing out that many accidents have been linked to obstructed windows and overly flashy interiors that distract drivers and passengers alike.
“Safety comes first,” argued John Kamau, a road safety advocate. “We can appreciate art and music, but not at the expense of human lives. Tinted windows and heavy graffiti can obscure vision and make it harder for authorities to ensure compliance with the law.”
The Path Forward: Appeals and Enforcement
While the main judgment remains in force, Justice Mwamuye granted the petitioner a 14-day window to file an appeal. In the meantime, temporary relief preserves earlier interim orders until May 17, 2026, unless a higher court issues fresh directives.
The NTSA has vowed to continue enforcing the directive across all public service vehicles. Agency officials have emphasized that compliance will be monitored regularly, with penalties for operators who fail to remove non-compliant modifications.
Balancing Culture and Safety
The case highlights the ongoing tension between preserving Kenya’s unique matatu culture and adhering to modern road safety standards. Matatu operators argue that graffiti, music, and interior designs are not mere embellishments—they are integral to the identity and business appeal of the sector.
However, the High Court has reinforced that public safety regulations must take precedence. The ruling sends a clear message that while artistic expression is valued, it cannot override statutory requirements designed to protect passengers, pedestrians, and other road users.
As Kenya continues to modernize its transport sector, the challenge will be to find creative ways to preserve cultural expression without compromising safety. Some industry observers suggest that designated art spaces, legal exemptions for certain interior designs, or partnerships with transport regulators could strike a balance between heritage and compliance.
For now, the NTSA directive stands, signaling a stricter era for tinted windows, graffiti, and decorative artwork on public service vehicles. Matatu operators and fans of nganya culture must now navigate the delicate line between vibrant self-expression and legal compliance—a debate that is likely to continue in the courts and on the streets of Kenya.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye upheld the NTSA directive issued in May 2025, asserting that it was lawful, proportionate, and aimed at enhancing road safety across the public transport sector. The court concluded that the restrictions did not infringe on constitutional rights, effectively clearing the way for stricter enforcement on PSVs.
The Petition: Claims of Cultural and Artistic Suppression
The petition was filed by Michael Makubo, a matatu operator and self-described advocate for the preservation of Kenya’s matatu culture. Makubo argued that the directive unfairly targeted operators who embrace artistic expression as part of their business identity.
“The directive threatens a culture that is uniquely Kenyan,” Makubo said in court. “Nganya culture is not just about transport; it’s about art, music, and community identity. Removing these elements diminishes the cultural vibrancy of our transport sector.”
Makubo also claimed that the NTSA introduced the directive without adequate public participation, making it arbitrary and discriminatory. He insisted that operators who use elaborate graffiti and interior customization were being unfairly singled out.
The Court’s Reasoning: Safety Over Style
Justice Mwamuye, however, found the petitioner’s arguments unconvincing. The judge emphasized that public safety concerns outweigh claims of artistic expression in the transport sector.
“The petitioner has not demonstrated that any constitutional right has been infringed,” Justice Mwamuye wrote in his ruling. “The directive is a reiteration of existing regulations, intended to ensure visibility, compliance, and safety standards across the PSV sector.”
The court noted that the NTSA’s directive was not the introduction of a new law but a reminder of existing rules already enshrined in the Road Traffic Act and related transport regulations. These rules stipulate that tinted windows, graffiti, and other modifications can impede visibility for both passengers and law enforcement, posing potential safety risks.
Justice Mwamuye further dismissed claims of unfair administrative action, noting there was no evidence that operators linked to nganya culture had been specifically targeted. He stated that all public service operators are subject to the same safety and compliance standards, regardless of their artistic or cultural preferences.
Public Reaction: Divided Opinions
The ruling has sparked debate across Kenya, particularly among youth and matatu enthusiasts who see vehicle graffiti as an essential expression of culture. Many argue that matatus are more than transport vehicles—they are moving canvases that showcase Kenyan creativity and ingenuity.
“I understand the safety concerns,” said a Nairobi commuter, Sarah Wanjiku. “But the matatus are part of our culture. They make daily travel fun, not just functional. It’s sad to see the colors and music go.”
Others, however, support the NTSA’s move, pointing out that many accidents have been linked to obstructed windows and overly flashy interiors that distract drivers and passengers alike.
“Safety comes first,” argued John Kamau, a road safety advocate. “We can appreciate art and music, but not at the expense of human lives. Tinted windows and heavy graffiti can obscure vision and make it harder for authorities to ensure compliance with the law.”
The Path Forward: Appeals and Enforcement
While the main judgment remains in force, Justice Mwamuye granted the petitioner a 14-day window to file an appeal. In the meantime, temporary relief preserves earlier interim orders until May 17, 2026, unless a higher court issues fresh directives.
The NTSA has vowed to continue enforcing the directive across all public service vehicles. Agency officials have emphasized that compliance will be monitored regularly, with penalties for operators who fail to remove non-compliant modifications.
Balancing Culture and Safety
The case highlights the ongoing tension between preserving Kenya’s unique matatu culture and adhering to modern road safety standards. Matatu operators argue that graffiti, music, and interior designs are not mere embellishments—they are integral to the identity and business appeal of the sector.
However, the High Court has reinforced that public safety regulations must take precedence. The ruling sends a clear message that while artistic expression is valued, it cannot override statutory requirements designed to protect passengers, pedestrians, and other road users.
As Kenya continues to modernize its transport sector, the challenge will be to find creative ways to preserve cultural expression without compromising safety. Some industry observers suggest that designated art spaces, legal exemptions for certain interior designs, or partnerships with transport regulators could strike a balance between heritage and compliance.
For now, the NTSA directive stands, signaling a stricter era for tinted windows, graffiti, and decorative artwork on public service vehicles. Matatu operators and fans of nganya culture must now navigate the delicate line between vibrant self-expression and legal compliance—a debate that is likely to continue in the courts and on the streets of Kenya.
