The High Court of Kenya will deliver its judgment on the legality of graffiti on matatus on February 9, 2026, following the conclusion of final submissions in a case before Justice Bahati Mwamuye.
Background of the Case
The petition was filed by individuals challenging regulations that ban graffiti on matatus. They argued that the rules were introduced without proper public participation, a constitutional requirement in law-making processes.
Lawyers for the petitioners claimed that:
- The public was not notified to submit memoranda.
- Information was not provided in Kiswahili, limiting meaningful engagement.
- No evidence of consultation, such as minutes of attendance or records of public views, was presented.
“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 submitted.
Petitioners’ Arguments
The petitioners questioned the basis of the regulations, noting that no audit or data had been presented to show that graffiti on matatus increases accident risks.
They invoked Article 47 of the Constitution on legitimate expectation, citing former President Uhuru Kenyatta’s moratorium that banned arrests and prosecutions over graffiti. They also referenced President William Ruto’s recognition of Nganya cultural expression, arguing that matatu graffiti is part of Kenya’s cultural identity and should be respected.
“Regulations cannot be enacted first and public participation sought afterward,” the petitioners stressed.
NTSA’s Response
The National Transport and Safety Authority (NTSA) defended the regulations, insisting they were constitutionally passed and aligned with the NTSA Act.
NTSA lawyer Mary Kihaba argued that the rules were intended to enhance road safety and were not inconsistent with former President Kenyatta’s actions regarding graffiti.
“The enforcement notice of 2024 cannot be said to be unconstitutional,” she submitted, adding that there is a legal presumption favouring the validity of instruments. She urged the court to dismiss the petition and uphold the 2014 regulations.
What’s Next
The ruling, expected on February 9, 2026, will determine whether matatu graffiti long considered a hallmark of Nairobi’s urban culture can legally continue or whether the ban will stand.
The decision is likely to have far-reaching implications for:
- Matatu operators and artists, who view graffiti as cultural expression.
- Regulators, who argue it is a matter of safety and compliance.
- Commuters and the public, who see graffiti as part of Kenya’s vibrant transport identity.
