Court Rules on Sakaja’s Directive To Shut Down Nightclubs in Residential Areas

December 9, 2022

A Nairobi court has directed the Nairobi Cunty government to open talks with the Pub Entertainment & Restaurant Association of Kenya(PERAK) regarding the closure of nightclubs in residential areas over noise pollution.

Justice Mugure Thande, sitting at the High Court in Milimani, gave the order in response to a suit filed by lawyer Kevine Otieno Ondago challenging the shutdown order by Governor Johnson Sakaja.

The Judge ordered City Hall and PERAK to hold joint talks within 120 days and develop regulatory or administrative guidelines on noise pollution.

Justice Mugure however declined to suspend Sakaja’s directive and instead granted the lawyer’s request for an order for the negotiations with a view to resolving the stalemate.

Other parties required to participate in the talks are the Nairobi City County Alcoholic Drinks Control and Licencing Board, the County Secretary, National Environment Management Authority(NEMA) and the Inspector-General of Police.

According to the court order, the parties should come up with guidelines that are predictable, discernible and feasible to implement and are devoid of discretion in implementation.

The guidelines should also outline the short-term, medium-term and long-term obligations of both parties and contain an implementation matrix clearly outlining the responsibilities of bars and restaurants.

Justice Muguru further directed the parties to exchange their documents and responses be filed before January 18, 2023.

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