A case in which lawyer Cecil Miller is seeking recourse for the
residents in Nairobi’s Kilimani area against noise pollution area has
been referred to the Environment court for hearing and determination.
This is after parties agreed to iron out pending issues in the matter
following the closure of two night clubs, Space Lounge and B-Club
which were causing residents sleepless nights.
The case had initially been lodged at the constitutional division
before the closure of the two offending clubs by the county
government, thanks to the pending suit and a public outcry by the
Kilimani Residents Association.
Residents have been complaining of nightlong loud music played until 7
am, chaos, sexual immorality and indecent behaviour inside cars and
outside clubs witnessed by children and elderly residents which forced
some residents to move out of their homes completely, says Miller.
The residents who are left, through Miller, sued B-Concept Limited
trading as B-Club Nairobi, Kiza Restaurant and Lounge, Space Lounge
and Grill, Explorers Tavern for causing residents to endure sleepless
nights which according to the lawyer, “is affecting their ability to
work productively and their children’s ability to concentrate in
school.”
Miller says residents are subjected to continuous noise pollution and
other unwelcome disturbances from Explorers Tavern along Ole Dume Road
in Kilimani.
Similar complaints, he says, are from various residents under siege
by Space Lounge and Grill.
Kiza Restaurant and Lounge and the B-Candy a.k.a B-Club have also held
hostage Maple Court residents in this stranglehold.
“The residents pray that the continued existence of the clubs within
their areas of residence is a violation of their right to life and a
clean and healthy environment as envisioned in the Constitution,” the
suit papers Miller filed read.
The lawyer also wants the court to make a declaration that the
business permits and liquor licenses allowing these clubs to operate
in the reckless manner complained be withdrawn.
He is also seeking a compulsion against the relevant state
authorities to issue and enforce closure notices against the clubs for
contravening the Noise and Excessive Vibrations Control Regulations
and to revoke the liquor licenses issued to the clubs.
“The loud music and chaos are causing the residents to undergo a lot
of anguish and stress which is affecting their well-being and health,
the respondents’ patrons are also interfering with traffic due to
parking on access roads and even in residents’ compounds,” Miller
says.
The clubs’ patrons have been engaging in sexual pervasions in cars and
outside the premises which activities are witnessed by children in the
surrounding area, Miller states.
He says the uncontrolled activities are causing residents to spend
nights and weekends away from their homes.
Miller said that in connection to the public outcry as a result of
the public nuisance and noise pollution by the clubs, some residents
moved out of their homes completely resulting in property prices being
driven down by the said activities.
The lawyer claims that the clubs are operating beyond the terms and
conditions and requisite licenses.
Miller also says some club patrons engage in criminal activities which
have not only caused severe injuries but also death in the
neighbourhood and their operations are therefore posing a security
threat to the residents.
NEMA, the regulatory authority, the chairperson Nairobi City County
Alcoholic Drinks Control and Licensing Board, Nairobi City County
Government have been named as respondents in the suit.
Miller wants the court to compel the authorities to restore repose,
comfort and quiet enjoyment of the properties within Kilimani which
have been disrupted since the establishment of the said clubs.
He said Kilimani Project Foundation has been engaging the club owners
since 2015 on the noise pollution and on various occasions embarked on
various noise pollution assessment to determine the level of noise
pollution as far as permitted.
“Following this assessment, the residents lodged a complaint to the
county government in vain, prior to this, a complaint had already been
made to the County Environment Executive on August 16 2016 which
equally yielded no response,” he said.
The dates for the hearing will be taken at the Environment court registry.
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