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Restaurant manager faces arrest over noise pollution
The judge noted that evidence tabled by the Garden & Ridgeways Residents Association (Garra) showed that the popular restaurant was in disobedience of orders issued in October last year.
A judge has ordered the arrest of a manager of a popular restaurant on Kiambu Road to be presented in court next month for punishment over failure to regulate noise as directed last year.
Environment and Land Court judge Charles Mbogo directed the arrest of Mr Maurice Asira, the director and manager of Habanos Lounge, to appear in court on October 22 to explain why he should not be jailed or fined for failing to control noise emanating from the club.
The judge noted that evidence tabled by the Garden & Ridgeways Residents Association (Garra) showed that the popular restaurant was in disobedience of orders issued in October last year.
“From the material placed before me, it is my finding that the 1st respondent (Habanos Lounge) is in contempt of the court orders issued on 17th October, 2024, and therefore liable for punishment. This court cannot allow the 1st respondent to get away with deliberate disobedience of the orders of the court,” said the judge.
He stressed that court orders are not issued in vain and must at all times be respected and complied with.
The association wants Mr Asira and any other manager involved in running the restaurant to be committed to jail for a period not exceeding six months for contempt of court.
The residents of Garden and Ridgeways estates sued the club, five other restaurants, and a church over noise pollution.
In an affidavit, the chairperson of the association, Ms Mary Ann Wariithi, said the court had granted an order restraining the clubs and the church from emitting noise in excess of the maximum levels provided under the Noise and Sound Pollution Regulations of 2009.
Ms Wariithi said that despite being served with the court order, the noise pollution had not ceased. She added that the residents hired a pollution expert who measured noise from the club and found it exceeded the permitted night-time limit.
