Popular Nganya culture has been dealt a blow as the High Court has upheld the National Transport and Safety Authority (NTSA) enforcement notice issued in May 2024, requiring matatus with graffiti, artistic designs, and tinted windows to remove them or face sanctions.
In their directive, NTSA argued that the new regulations were lawfully enacted under existing transport laws and are aimed at enhancing safety and order in the public transport sector.
In its ruling, the court dismissed the petition challenging the legality of NTSA’s directive. The petitioners had argued that the directive was introduced without public participation and unfairly targeted a cultural and economic ecosystem that supports thousands of youth.
The case, heard before Justice Bahati Mwamuye at the High Court in Nairobi, centred on whether the regulations violated constitutional provisions, including Article 47 on fair administrative action.
However, the court sided with NTSA, agreeing with the State’s position that the regulations were lawfully enacted under existing transport laws and were intended to enhance safety and order in the public transport sector.
The ruling effectively reinstates the NTSA’s enforcement notice first issued in 2024, which had been temporarily suspended through conservatory orders pending the hearing of the case.
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