The High Court in Nairobi has temporarily suspended a controversial government directive that sought to ban graffiti and artistic decorations on Public Service Vehicles (PSVs), sparking relief and celebration among matatu operators and urban artists.
Justice Bahati Mwamuye, sitting at the Milimani Law Courts, issued conservatory orders on Thursday halting the enforcement of a directive issued on May 14 by the State Law Office and the National Police Service Commission (NPSC). The directive had instructed PSV operators to immediately remove all forms of graffiti, creative art, and innovative decorations from their vehicles.
The court order came in response to a petition filed by Michael Makubo William, who challenged the legality and constitutionality of the ban. In his petition, Makubo argued that the directive infringed upon constitutional rights, including freedom of expression and the right to participate in cultural life.
“The orders granted are intended to preserve the subject matter and prevent any irreversible actions before the court has fully considered the merits of the application,” ruled Justice Mwamuye.
The decision means that matatus with artistic enhancements will remain operational until the court hears the full case. The judge emphasized the need to avoid actions that could cause permanent damage to a unique and culturally significant form of urban expression.
The directive, which had drawn sharp criticism from artists and PSV operators, was seen as a threat to Nairobi’s vibrant matatu culture, renowned for its colorful art, pop culture references, and music systems that define the city’s youth identity and creativity.
The court has directed the State Law Office, NPSC, and other respondents to file their responses by June 20. The petitioner is expected to serve all parties by June 9, and rejoinders, if any, are to be filed by June 27.
The matter will be mentioned in court on June 30 for further directions.
For now, the iconic graffiti-clad matatus will continue to cruise Nairobi’s streets, as the legal battle over their fate unfolds in the courtroom.
