Mirema residents are in a celebratory mood after The High Court ordered a church and three nightclubs to pay them Ksh5 million as compensation for noise pollution.
Judge Judy Omange of the Environment and Land Court ruled. ruled in favor of the Members of the Amani Residents Welfare Association in Mirema. They filed the suit against the church and three bars in July, 2022.
“I find that the petitioner has proved an infringement of its residents’ right as enriched in Articles 40 and 42 of the constitution,” stated Judge Omange.
“An order for compensation of Ksh5,000,000 is awarded for violation of fundamental rights and freedom of the petitioner,”
The judge also instructed the respondents to cover the petitioners’ legal costs.
Licenses Revoked
Additionally, the court revoked the licenses of the three bars, including Cocorico, Paris Lounge and Grill, and La Tessara Entertainment, for selling alcoholic drinks within a residential estate.
The court also barred Trinity House International Ministry from emitting noise beyond its precincts, which interfered with residents’ peace and their right to a clean environment.
“A permanent injunction restraining (the church) from emitting noise beyond its precincts which interferes with Mirema residents’ quiet use and enjoyment of their properties and to live in a clean and healthy environment,”
The Court ordered.
Furthermore, the court ordered the OCS Kasarani police station and the Roysambu Assistant County Commissioner to assist in implementing the order to bar the three bars from further operation and the church from noise pollution.
Residents worried about children being exposed to inappropriate content due to noise from bars and church music on weekends. They also said the noise affected learning at local schools.
In her judgment, Judge Omange emphasized the violation of Mirema residents’ rights to a clean and healthy environment. She highlighted the need to protect the children’s right to life, well-being, protection, and development provided by the Children Act.
The court also found the National Environment Management Authority (NEMA) and Nairobi City County responsible for neglecting their duties to ensure the residents’ rights to a clean and healthy environment.
The judgement comes in the wake of the government’s crackdown on noise pollution. And Nairobi County Government’s efforts to shut down bars in residential areas.
By Vivian K.