Court Okays NTSA Ban on Matatu Graffiti and Tints

The High Court has upheld the legality of a National Transport and Safety Authority (NTSA) directive requiring the removal of graffiti, artistic designs, and tinted windows from public service vehicles (PSVs).

The ruling dealt a major setback for operators championing Kenya’s Nganya culture.

In a judgment delivered by Justice Bahati Mwamuye on Wednesday, the court dismissed a petition challenging the enforcement notice issued in May last year.

It instead ruled that it was constitutional, lawful and properly grounded in public safety considerations.

The petition had been filed by Michael Makubo, who sought to invalidate regulations and the NTSA enforcement notice that targeted decorated matatus.

He argued that the directive was unconstitutional, discriminatory and issued without adequate public participation.

Makubo also claimed that the move threatened the widely recognised Nganya culture, a form of urban expression characterised by elaborate graffiti, customised lighting, tinted windows, and enhanced sound systems in matatus.

However, the court found no merit in the claims.

The court, however, held that the restrictions were justified under Article 24 of the Constitution, which allows rights to be limited where public safety is at stake.

It added that the government’s duty to protect road users outweighed claims that decorated matatus were protected forms of artistic or cultural expression.

“The petitioner has failed to establish any violation of his constitutional rights or the rights of the class he purports to represent,” Justice Mwamuye stated in his determination.

The court held that the impugned regulations were lawfully enacted following public participation and parliamentary scrutiny.

At the heart of the ruling was the court’s finding that the limitations imposed on artistic expression through vehicle modifications were reasonable and justifiable under Article 24 of the constitution, which allows restriction of rights in the interest of public safety.

“The limitations they impose on constitutional rights are reasonable and justifiable under Article 24 for the compelling public interest of road safety,” the judge said.

The court heard that the NTSA notice required all PSVs with graffiti, tinted windows, or other artistic modifications to remove them immediately or face enforcement action.

The authority defended the directive as an administrative measure aimed at improving visibility, enhancing passenger safety and standardising public transport operations.

Shortly after delivery of the main judgment, the counsel for the petitioner orally requested a 14-day window to file and pursue an appeal, together with interim preservation of the status quo.

The State, however, opposed the request, arguing that the court was functus officio, having already rendered its final determination and could not revisit or suspend its orders.

The reinstated orders took effect immediately but will automatically lapse at the end of the day on May 17, unless stayed by a higher court.