In a landmark decision, the Environmental and Land Court (ELC) has ordered the closure of three clubs and a church in Nairobi’s Mirema Estate, imposing fines totaling Kes.5 million for noise pollution violations.
The ruling, a victory for the Amani Residents Welfare Association/Mirema, follows pleas by residents led by Dominic Mbigi, the association’s chairman, and resident John Koogi.
The petition, spearheaded by Mbigi and Koogi, accused Cocorico Wines, Paris Lounge and Grill, La Tessara Lounge, and Trinity House International Ministry of infringing upon residents’ right to a clean and serene environment, as guaranteed by Article 42 of the Constitution.
After thorough deliberation, the court concluded that the noise from these establishments severely compromised residents’ well-being, prompting compensation for the distress caused by the bars and church operating within the vicinity.
Additionally, the presiding judge held both the National Environmental Management Authority (NEMA) and Nairobi City County accountable for their negligence in safeguarding residents’ rights.
Cancellation of licenses
Simultaneously, the court issued several orders, including the cancellation of licenses issued for the sale of alcoholic beverages within the estate.
“By order of this Honourable Court under Article 70 of the Constitution, the license issued by the 6th respondent to the 1st to 3rd respondents for the sale of alcoholic beverages within a residential area is hereby revoked,” ELC Judge Judy Omange ruled.
Residents had long voiced their grievances, citing the disruptive impact of the entertainment venues and alcohol outlets, which blared loud music late into the night, disrupting sleep patterns.
The church, too, faced criticism for its use of booming sound systems during services, particularly on Friday nights and Sundays, causing undue disturbance to the neighborhood.
The court also mandated the OCS Kasarani Police Station and/or Roysambu Assistant County Commissioner to assist in implementing the court’s orders.
“The people of Kenya can only realize the promise of the Constitution of Kenya if public servants are responsive to the concerns of citizens. While it is appreciated that the government and county agencies are hindered in their work by financial challenges, the least that citizens can expect is that when they write a letter of complaint, it will be responded to if not addressed immediately,” the judge stated.
