Kilimani residents will sleep peacefully tonight following a court ruling that has ordered four popular night clubs, KIZA, B-Club, Space Lounge and Explorers Tavern to be shut down for alleged violation of their right to a clean and healthy environment.
The Environment and Land Court has directed the Nairobi County Government to revoke all permits and liquor licenses issued to the four entertainment joints in Kilimani after the petitioners under the Kilimani Project Foundation claimed that operators of the clubs were playing loud music daily and hosting rowdy drunken revelers thereby depriving them of sleep and security. They also complained that some of the operations in these joints were bad influence on their children thus violating their rights and fundamental freedoms.
“Some of the other negative effects from the said establishments’ release noise, littering by patrons, obstruction of motor vehicles by patrons, exposure to immoral and indecent behavior by the patrons inside their vehicles, property prices being driven down as a result of all those activities and loss of income by some residents,” read the petitioners complaints.
The Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations of 2009 made under the Environmental Management and Coordination Act (EMCA)s prohibit production of any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment.
However, any person who is likely to be involved in activities that emit noise or excessive vibrations beyond the permissible levels must obtain a license or a permit respectively from the authority. Any person who contravenes these regulations is liable to a fine not exceeding more than three hundred and fifty thousand shillings or to imprisonment for a term not exceeding eighteen months or to both.
The court further ruled that the permits and licenses issued to the four clubs by the Nairobi County Government to operate are unlawful and illegal. The court has, however, issued a stay of execution (a court order to temporarily suspend the execution of a court judgment or other court order) of the said orders for a period of 30 days.