4 Clubs Closed By NEMA Over Noise Pollution In Nairobi

The National Environmental Management Authority (NEMA) has ordered for the immediate closure of Kiza Lounge located in Kilimani, B Club, Space Lounge and Grill and Explorer Tavern following what has been termed as excessive noise.

Residents of the leafy Kilimani have for some time now been in conflict with the clubs constantly complaining of the noise emitted by the club’s loud music.

Loice Komingoi, the environment, and Land court Judge on Monday, 28th October 2019, directed that the clubs be closed immediately for contravening the environmental authority’s set laws and regulations.

Judge Komingoi noted that she was persuaded by the petitioners, Kilimani Project Foundation, to uphold the residents’ right to a clean and healthy environment that had been continually infringed on by the activities of the now-closed clubs.

Judge Komingoi said the that Director of Environment at County Government in Nairobi, the environmental authority, Nema, the NCC Alcoholic Drinks, and Licensing Board had been failed to exercise their mandate under the Constitution and Environmental Act (EMCA) forcing her judgment.

“The clubs were in contravention of the EMCA (Noise and excessive vibration pollution) control regulations 2009,” Judge Komingoi said further adding that the County Government ought to revoke all the liquor licenses issued to the now-closed clubs.

“The clubs continued operation of the business within the petitioner’s area of residence is a violation of their rights to life and right to a clean and healthy environment as contemplated in the Constitution,” judge Komingoi said.

The judge refused to clearly grant orders which would see the clubs permanently restrained from operation saying they had the necessary licenses duly issued by the director of the environment, Nairobi county government, Nema and the NCC Alcoholic Drinks and Licensing Board chairperson.

Judge Komingoi was, however, quick to question the legality of how the licenses were issued.

Kilimani residents through the Kilimani Project Foundation, lawyer Cecil Miller, filed the case in court arguing that the noise emanating from the clubs was too loud, offensive and a health hazard for them.

Kilimani residents also complained that the club operators hosted rowdy revelers which resulted in depriving them of sleep and security which is their constitutional right.

“What goes on in these establishments is causing a bad influence on the children, thus violating our rights and freedoms,” Kilimani residents argued.
The nightclub Kiza Lounge is owned by Cabinet Secretary Farida Karoney who is yet to respond to the ruling to have it shut down.

The clubs closed are:

1. Kiza Lounge
2. B Club
3. Space Lounge and Grill
4. Explorer Tavern