Relief for Kilimani Residents as Court Orders Closure of Noisy ClubsOctober 29, 2019
Residents of the once-affluent Kilimani neighborhood in Nairobi can enjoy peaceful nights once again after the Environment and Land Court ordered the immediate closure of four popular entertainment joints in the area.
Judge Loice Komingoi on Monday directed the Nairobi County Government to enforce closure notices against B Club, Kiza Restaurant, Space Lounge and Explorers Tavern over noise pollution.
Kilimani residents, through Kilimani Project Foundation, sued the night clubs over alleged violation of their right to a clean and healthy environment. They claimed the four clubs “play loud music daily and host rowdy drunken revelers thereby depriving them of sleep and security.”
Additionally, the residents claimed that the clubs were a bad influence on the moral development of their children thus violating their rights and fundamental freedoms.
“Some of the negative effects from the said establishments are littering by patrons, obstruction of motor vehicles by patrons, exposure to immoral and indecent behaviour 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,” submitted Kilimani Project Foundation.
In her ruling, Komingoi said she was convinced by the petitioners that the continued operation of the four businesses in the residential area is a violation of their rights to life and a clean and healthy environment.
The Environment court ruled that the permits and licenses issued to the four clubs by the Nairobi County Government to operate is unlawful and illegal.
“A mandatory injunction is hereby issued against the 8th respondent (Nairobi County) compelling it to revoke all liquor licenses issued to the 1st, 2nd, 3rd and 4th respondents,” reads part of the judgement.
The court however issued a stay of execution of the said orders for a period of 30 days.
“However, I decline to grant the order of permanent injunction to restrain the 1st, 2nd, 3rd and 4th respondents from carrying on their business as they already have the necessary licenses duly issued… They are operating the businesses due to the licenses issued (albeit unlawfully),” added the court.
The closure order is set to be executed by the respondents – Nairobi County government, National Environment Management Authority(Nema) and Nairobi City County Alcoholic Drinks and Licensing Board.
Ⓒ 2019 Nairobi Wire