AfriPulse
The High Court is set to deliver its judgment on February 9, 2026, on the legality of graffiti on matatus in Kenya, following the conclusion of final submissions before Justice Bahati Mwamuye.
The case was brought by petitioners challenging regulations that ban graffiti on matatus, arguing that the rules were formulated without public participation. Lawyers for the petitioners said the public was never invited to submit memoranda, and crucial information was not provided in Kiswahili, limiting meaningful engagement.
“The totality of what we are saying is that there was no public participation. The cardinal duty lies with Parliament and NTSA,” the petitioners’ lawyers argued. They added that no evidence, such as attendance records or minutes of public consultations, had been presented to show that citizens were engaged.
The petitioners also questioned the basis for the regulations, noting that no audits or data demonstrate that matatus with graffiti pose a higher risk of accidents. They invoked Article 47 of the Constitution on legitimate expectation, highlighting that former President Uhuru Kenyatta had issued a moratorium banning arrests and prosecutions over graffiti.
They further cited President William Ruto’s recent recognition of Nganya cultural expression, arguing that cultural expressions should be respected.
“Regulations cannot be enacted first and public participation sought afterward,” the petitioners stressed.
In response, the National Transport and Safety Authority (NTSA) argued that the regulations were constitutionally valid and that the 2024 enforcement notice aligns with both the Constitution and the NTSA Act.
NTSA lawyer Mary Kihaba told the court that the rules were designed to enhance road safety and are not inconsistent with former President Kenyatta’s stance on graffiti.
“The enforcement notice of 2024 cannot be said to be unconstitutional,” Kihaba argued. She further stated that the law presumes the validity of legal instruments and asked the court to dismiss the petition while upholding the 2014 regulations.
The ruling, which will clarify the future of graffiti on Kenya’s matatus, is expected to have nationwide implications for road safety regulations and cultural expression.
Source: NairobiWire.com | Read the Full Story…
