The Milimani Environment and Land Court l issued interim orders barring entertainment joint 213 Lounge and Restaurant from playing music within the premises to entertain revellers and/or patrons visiting the premises as of Sunday.
This was after a petition was filed on Monday, 3 August, by one Allan Monroe Onyango a resident of one of the adjacent houses along the intersection of Isaac Gathanju Road and James Gichuru Road in Lavington shopping centre in Nairobi.
Represented by Advocate Dennis Onyango, Monroe asked the Court to provide a remedy to ease their misery and suffering during the Court’s vacation.
The petitioner accused 213 Lounge and Restaurant of playing loud music from around mid-day of each day when they open their doors to their patrons and continue to play the loud music until the wee hours of the morning.
He said the application was based on grounds that the patrons arrive in so many different cars that overwhelm the limited parking space available to the 1st Respondent for the use of their customers and that they spill over onto the pedestrian walks and gates of the residences of Isaac Gathanju Road.
He alleged that this congestion causes traffic snarl-ups and chaos at the intersection of Isaac Gathanju Road and James Gichuru Road, thus obstructing and interfering with the smooth movement of pedestrian and vehicle traffic to and out of the residences located along the roads.
The petitioner blamed the Nairobi City County and the National Environment Management Authority (NEMA) for allegedly issuing illegal and unlawful permits to the club to operate within a residential area, which he believes caused discomfort, public disorder and what he termed as indecent acts.
The petitioner claimed that Nairobi County and NEMA had refused, neglected or declined to rein in the club to compel them to comply with the terms of the license to operate a club in a residential area.
Lady Justice Murigi issued interim orders on Friday requiring Nairobi County and NEMA to inspect the said premises within seven days to ascertain compliance with EMCA regulations on excessive noise and to produce a report before the set period elapses.
The parties were also given seven days to file and serve their submissions, with the mention date set for Thursday.
The case comes amid concerns by Nairobi residents against the county government’s move to allow clubs to operate in residential areas. The clubs have turned many areas to be dens of crime and noise hence affecting development at large.
For instance, joints like Kettle House have been notorious with noise pollution despite it being in an estate and next to a school and a hospital. Corruption has been blamed for menace at large.
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