The petition, filed by a coalition of matatu industry stakeholders and transport advocacy groups, had argued that the NTSA directive was arbitrary, punitive and economically damaging to youth dependent creative branding businesses that rely on matatu art culture.
The petitioners also claimed that the tinted window restrictions violated operators’ rights to privacy and fair business practice.
However, in its ruling delivered on Thursday, the court found that the NTSA acted within its constitutional and statutory mandate under the Traffic Act and the NTSA Act.
The judge held that road safety and public order considerations outweigh commercial branding freedoms when it comes to public service vehicles.
The disputed directive required all public service vehicles to comply with stricter visual identification standards, including controlled use of reflective graffiti, regulated advertising space and removal or reduction of excessively tinted windows.
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According to NTSA, the measures are intended to enhance passenger safety, improve visibility for law enforcement, and curb criminal activities often associated with heavily modified vehicles.
The court noted that while the matatu industry has long been associated with vibrant artistic expression, such expression must be balanced against public safety concerns.
It further observed that regulatory bodies have a duty to adapt transport systems to evolving urban security challenges.
NTSA welcomed the ruling, saying it affirmed its mandate to enforce safety standards without interference.
The authority reiterated that enforcement would be carried out in phases to allow operators time to comply with the new requirements. It also assured stakeholders that consultations would continue to ensure that the creative transport culture is not entirely eroded but aligned with safety expectations.
On the other hand, representatives of the petitioners expressed disappointment with the decision, warning that the ruling could affect thousands of young artists, designers, and small businesses involved in matatu customization.
They indicated that they were considering an appeal.
Transport analysts say the ruling could mark a turning point in Kenya’s informal public transport sector, which has historically balanced between creative expression and regulatory compliance.
They note that enforcement will be key in determining whether the directive achieves its intended safety outcomes or fuels further resistance from operators.
For now, the decision clears the legal path for NTSA to fully implement the directive nationwide.
