The High Court has directed the Kilimani police boss to arrest the owner of B-Club for continuing to operate the nightclub despite an order directing its closure two years ago.
Justice Loice Komingoi directed Kilimani OCS to arrest Mr Barry Ndegeyingoma for operating the club despite the order issued in 2019 requiring it to be closed.
Nairobi’s Kilimani residents had moved to court to complain of noise pollution from the popular upmarket entertainment joint.
The court in 2019 directed the National Environment Management Authority (Nema) and City Hall to revoke operating licences issued to B-Club together with that of Kiza Lounge, Space Lounge and Explorers Tavern.
“The clubs were in contravention of the EMCA (Noise and excessive vibration pollution) control regulations 2009,” ruled the Environment and Land Court judge Komingoi.
But despite the order, the residents through Kilimani Project Foundation went back to the court stating that the business was still operational.
The judge ruled that Mr Ndegeyingoma was in contempt of court and ordered him to present himself before the court on February 15 for mitigation and sentencing, but he failed to show up.
“I am satisfied that the continued operation of the business of B-Club in the absence of any orders suspending 2019 decision from the Court of Appeal amount to contempt,” the judge said.
Since the order was issued, the entertainment joints have failed to stop their closure.
In their defence, the popular clubs said they had been licensed to carry out their business and had complied with city by-laws.
They told the court in 2019 that their noise levels were within the recommended limit and in line with the environment watchdog’s standards. The four joints also said they had their own parking within the facilities.
The residents had also argued that activities in these joints were exposing their children to immorality, littering by drunken revellers and obstruction of their cars.
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