The High Court canceled the licenses of three entertainment and alcohol establishments situated in Mirema estate, Kasarani for noise pollution.
Lady Justice Judy Omange also barred Trinity House International Ministry, a place of worship from emitting noise beyond its precinct.
The judgment emanated from a petition filed before the Environment and Land Court by the Amani Residents Welfare Association on behalf of Mirema estate residents on grounds that the church and clubs had infringed on several of their rights.
The judge awarded the residents a compensation of Sh5million.
Cocorico Wines and Paris Lounge and Grill will bear a liability of 15 percent, Tessara Entertainment and Trinity House International Ministry will bear a liability of 10 percent and the National Environment Management Authority (NEMA) will bear a liability of 30 percent.
In the judgment dated May 11, Justice Omange said that the National Environment Management Authority (NEMA) abdicated its constitutional and statutory duties by not ensuring the implementation of all policies relating to the environment to control noise pollution and public nuisance and regulate the sale of alcohol within Mirema Estate.
“The transgressions of the 6th Respondent are even worse as it had issued liquor licenses to the 1 to 3rd respondents to operate in residential areas, in contravention of clear provisions of the Nairobi City County Alcoholic Drinks Control and Licensing Act, 2014,” said the judge.
Kenyans, she said, can only realize the promise of the constitution of Kenya if public servants are responsive to the concerns of the citizens.
Further, she said that the least that the citizens can expect is that when they write a letter of complaint it will be responded to if not addressed immediately despite the financial challenges hampering the government and county agencies.
“Indeed, Article 232 of the Constitution requires that one of the values and principles of public service is that there will be responsive, prompt, effective, impartial and equitable provision of services.”
Justice Omange also said the continued operation of Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry violated the residents’ right to use and enjoy their properties and the right to a clean and healthy environment.
The residents said the action of playing excessively loud music at night and Sunday services and Friday overnight services violated their right to property.
Further, they said the actions of Cocorico Wines remitting wastes to the neighborhood is a health hazard to them, violating their right to a clean and healthy environment.
They also said that the noise from the entertainment joints interfered with their sleep at night, while the noise from the church interfered with school learning activities in the learning institutions nearby and on some nights interfered with their sleep as well.
” Some landlords have been occasioned losses as tenants have been forced to move out of the properties due to the incessant noise by the respondents.”
The respondents, however, said that the petitioners failed to establish the noise levels as no measurements were availed to prove that the noise and vibration levels were excessive.
Furthermore, they said that “there is no way to prove whether the noises meet the definition of excessive noise as in the Environmental Management and Coordination Act (EMCA)”
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