Nema, Nairobi County ordered to inspect club 213 over noise pollution

This story has significance for readers across Kenya and beyond.

National Environment Management Authority (Nema) and the Nairobi County government have been directed to inspect a club in Lavington to determine whether measures installed to contain noise pollution are effective, following complaints by residents.

The Environment and Land Court ordered Nema and the county government to jointly or separately conduct a sound assessment at 213 Lounge & Restaurant Ltd within seven days and file a report in court.

“The 2nd and 3rd Respondent shall within 7 days jointly or separately arrange for an inspection and sound assessment of the premises to determine whether the soundproofing measures undertaken by the 1st Respondent are effective,” the court ordered.

The judge directed that an existing order restraining the club from playing music would remain in force, except for a limited and controlled assessment exercise by Nema and the county government.

The court allowed the club to play music at controlled levels for only such period as may reasonably be required by the two agencies to conduct the assessment.

“The permission is strictly confined to the assessment exercise and shall not be construed as a variation or discharge of the Order,” the court stated.

The assessment will include measurements of noise levels, in decibels, both inside and outside the premises, including at the boundary of the affected neighbourhood.

The order followed a case filed by resident Allan Monroe Onyango, who complained that noise from the establishment had deprived residents of peaceful sleep.

The court had earlier issued a temporary injunction restraining 213 Lounge & Restaurant Ltd from playing music to entertain patrons pending the filing of a compliance report.

The case will be mentioned on August 21. For further directions.

Mr Onyango sued 213 Lounge & Restaurant Ltd, the county and Nema, accusing the club of disrupting the lives of residents in the area.

The club is located at Lavington Shopping Centre and Estate, at the intersection of James Gichuru Road and Isaac Gathanju Road.

Mr Onyango told the court that the establishment plays loud music throughout the night, disturbing residents living along Isaac Gathanju Road.

He said the club’s sound systems interfere with the sleep, peace and mental well-being of residents, including senior citizens, working adults, young people and school-going children.

“The residents, who include senior citizens, working adults, young people and school-going children, are all deprived of peaceful sleep owing to the chaos, din and loud music,” he said.

Onyango also complained about the large number of revellers visiting the club, saying its parking area is often overwhelmed, forcing patrons to park on pavements, pedestrian walkways and in front of residents’ gates.

In response, the club said that contrary to the impression created by Mr Onyango, the establishment was a legal entertainment venue and a legitimate commercial enterprise carrying on business pursuant to licences issued after the relevant public authorities were satisfied that the premises complied with the applicable statutory requirements.

The club’s supervisor Caren Lukale said over the years the company has invested substantial financial resources in developing the premises, employing numerous members of staff, paying statutory taxes, licence fees, rent and other regulatory charges and has consistently endeavoured to operate responsibly within the commercial precinct in which it is situated.

She said the premises are situated within a commercial shopping centre and not within an exclusively residential zone, and the nature of commercial activities undertaken within the area must be considered in assessing the allegations made in the petition.

Reporting originally appeared via Nation Africa. Read the full source for additional context.