- The Environmental and Land Court has mandated the closure of a church and three clubs in Mirema Estate, Nairobi, following a petition by the Amani Residents Welfare Association/Mirema
- This decision comes in response to the relentless noise pollution caused by these establishments, disrupting the peace of the neighborhood
- The court has levied a hefty fine of Sh5 million on the church and clubs for their role in violating the residents’ right to a clean and healthy environment
The Environmental and Land Court (ELC), the serene neighborhood of Mirema Estate in Nairobi has seen a significant victory in the battle against noise pollution.
The court, in response to a petition filed by the Amani Residents Welfare Association/Mirema, has ordered the closure of three clubs and a church, imposing a hefty fine of Sh5 million for their role in disrupting the peace of the neighborhood.
The petition, spearheaded by the association’s chairman, Dominic Mbigi, and resident John Koogi, shed light on the relentless challenges faced by the community due to the incessant noise emanating from Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry.
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These establishments were found to have violated the residents’ constitutional right to a clean and healthy environment, as outlined in Article 42 of the Constitution.
In a resolute verdict, Justice Oscar A Angote upheld the petitioners’ claims, acknowledging the severe disruption caused by the loud music from these venues
The court awarded the residents compensation for the distress endured, emphasizing the importance of safeguarding the well-being of the community, especially the children.
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Furthermore, the National Environmental Management Authority (NEMA) and the Nairobi City County were held accountable for their failure to uphold their duties in protecting the residents’ rights.
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The ruling serves as a stern reminder of the legal obligations incumbent upon regulatory bodies to ensure the welfare of citizens.
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Residents lamented how the noise pollution not only affected their sleep but also disrupted learning activities in nearby schools
Concerns were raised about the exposure of children to inappropriate content and indecent behavior, highlighting the broader societal implications of unchecked noise pollution.
Despite the respondents’ denial of the allegations, citing inadequate noise level measurements, the court stood firm in its decision, underscoring the need to consider various factors in determining the reasonableness of noise levels.
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In addition to the fine and closure orders, the court revoked the license issued to the church for the sale of alcoholic beverages within a residential area, signaling a pivotal moment in the fight against noise pollution in Nairobi.
