The Environment and Land Court on Monday ordered the Nairobi County Government and Nema to revoke permits issued to four entertainment joints in Nairobi's Kilimani area following residents complaint of noise pollution.
In her ruling, Justice Loise Komingai directed the National Environment Management Authority (Nema) and City Hall to immediately revoke operating licences issued to Kiza Restaurants, Space Lounge, Explorers Tavern and B Concept.
“The clubs were in contravention of the EMCA (Noise and excessive vibration pollution) control regulations 2009,” Environment and Land court Judge Loice Komingoi.
Residents through Kilimani Project Foundation, a lobby group, had gone to court saying that the four joints have over-time breached their rights to clean and healthy environment by playing loud music at night and hosting rowdy revellers who are a security threat.
“A mandatory injunction is hereby issued against the 5th, 6th and 8th respondents compelling them to issue and enforce closure notices against the 1st, 2nd, 3rd and 4th respondents for being in contravention of EMCA (Noise and excessive vibration pollution) Control Regulation 2009,” Justice Komingai said in her ruling.
Justice Komingai said City Hall and Nema have been reluctant to ensure that the four joints are not a nuisance to Kilimani residents.
The four entertainment joints had in their defence said that they have all required licenses to operate and have their own parking within the facilities.
The residents had also argued that activities in these joints have exposed their children to immorality, littering by drunken revellers and obstruction of their cars.
The court however declined to order the permanent closure of the four joints saying that they were duly licensed by Nema and City Hall.