NAIROBI, Kenya — The High Court has upheld a directive by the National Transport and Safety Authority (NTSA) requiring public service vehicles (PSVs) to remove graffiti, decorative artwork and tinted windows, delivering a significant setback to operators defending Kenya’s vibrant “nganya” culture.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye ruled that the May 2025 enforcement notice was lawful and justified, citing the need to enhance road safety and regulatory compliance in the public transport sector.
The petition, filed by Michael Makubo, argued that the directive unfairly targeted matatu operators and undermined nganya culture—a distinctive urban transport phenomenon characterised by graffiti art, neon lighting, tinted windows and high-powered entertainment systems.
Makubo contended that the directive violated constitutional rights, lacked adequate public participation and discriminated against operators who rely on customised aesthetics as part of their business model.
However, Justice Mwamuye found that the petitioner had failed to demonstrate any breach of constitutional rights.
The court held that limitations on vehicle modifications were permissible under Article 24 of the Constitution, which allows rights to be restricted in the interest of public safety.
The judge ruled that while nganya culture may represent a form of artistic expression, it does not override statutory safety requirements.
NTSA had directed PSV operators to remove features such as graffiti and dark tinted windows, arguing that they compromise visibility for passengers and law enforcement, and undermine standardisation across the sector.
Justice Mwamuye agreed, stating that the directive was not a new law but an administrative enforcement of existing regulations.
He also dismissed claims of unfair administrative action and discrimination, finding no evidence that operators associated with nganya culture had been specifically targeted.
Following the ruling, the petitioner’s legal team sought 14 days to file an appeal and requested temporary preservation of the status quo.
State lawyers opposed the application, arguing that the court had become functus officio after delivering its judgment.
In a subsequent ruling, the judge granted limited temporary relief, allowing a short transition period for compliance and preserving the petitioner’s right to seek redress in a higher court.
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The interim orders will remain in effect until May 17, 2026, after which they will automatically lapse unless extended by an appellate court.
The decision has significant implications for Kenya’s matatu sector, where nganya culture has evolved into a major urban identity, particularly in Nairobi and other major towns.
Beyond aesthetics, these customised vehicles have become mobile cultural spaces, blending music, art and youth expression. However, regulators have increasingly raised concerns over safety, visibility and enforcement challenges linked to heavily modified vehicles.
Transport analysts note that the ruling signals a shift towards stricter enforcement of safety standards, even as debates continue over balancing regulation with cultural expression in Kenya’s informal transport economy.
