In a landmark decision, the Environmental and Land Court (ELC) has mandated the closure of three clubs and a church in Nairobi’s Mirema Estate, along with imposing fines totalling Ksh 5 million for noise pollution violations.
The ruling, a victory for the Amani Residents Welfare Association/Mirema, comes after pleas by residents led by Dominic Mbigi, the association’s chairman, and resident John Koogi.
The petition, spearheaded by Mbigi and Koogi, targeted Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry, accusing them of infringing upon residents’ right to a clean and serene environment, as guaranteed by Article 42 of the Constitution.
Upon thorough deliberation, the court concluded that the noise emanating from these establishments severely compromised residents’ well-being, prompting the awarding of compensation for the distress caused by the bars and church operating within the vicinity.
Additionally, the presiding judge held both the National Environmental Management Authority (NEMA) and Nairobi City County accountable for their negligence in safeguarding residents’ rights.
Residents had long voiced their grievances, citing the disruptive impact of the entertainment venues and alcohol outlets, which blared loud music late into the night, disrupting sleep patterns.
The church, too, came under fire for its employment of booming sound systems during services, particularly on Friday nights and Sundays, causing undue disturbance to the neighbourhood.
The ruling stands as a beacon of hope for Mirema Estate residents, signalling a decisive stance against noise pollution and a reaffirmation of their entitlement to a peaceful living environment.
