The Lower Eastern Times Opening The Third Eye
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Three clubs and a church located in Mirema Estate were fined a sum of Sh5 million by the Environmental and Land Court (ELC) for causing noise pollution and were subsequently ordered to cease operations.
Justice Oscar A Angote of the ELC ruled in favor of the Amani Residents Welfare Association/Mirema following a petition highlighting the noise challenges filed by the association’s chairman, Dominic Mbigi, and resident John Koogi.
The court found Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry responsible for violating residents’ right to a clean and healthy environment as guaranteed by Article 42 of the Constitution.
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The noise disturbance from these establishments disrupted residents’ lives and affected nearby schools’ learning environments.
Additionally, both the National Environmental Management Authority (NEMA) and Nairobi City County were held accountable for neglecting their duties to safeguard residents’ rights. The court ordered the cancellation of alcoholic beverage licenses within the estate and allocated liability among the respondents based on their level of involvement.
The ruling also mandated the assistance of law enforcement authorities in enforcing the court’s orders.
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The court emphasized the importance of public servants addressing citizens’ concerns promptly, highlighting the necessity for responsive governance to uphold constitutional promises. Nairobi County Liquor Board data indicated a high number of registered liquor shops in various constituencies, with Starehe and Roysambu having significant figures.
Noise regulations stipulated by the National Environmental Management and Coordination Regulations prohibit any noise that disturbs the comfort, health, or safety of others and the environment.
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Notably, Nairobi Governor Johnson Sakaja’s previous directive to close clubs for noise pollution sparked controversy, with stakeholders arguing against potential job losses. Members of the Nairobi County Assembly (MCA) moved to counter the directive, urging Sakaja to rescind the order.
Despite these developments, a spot check revealed non-compliance with noise regulations among many clubs and bars operating in residential areas.
