Residents of Kilimani have filed a new case against Kiza Lounge, B Club, Explorer Tavern and Space Lounge and Grill.
In a new development, the residents under the Kilimani Project Foundation accuse the entertainment clubs of exposing them to health and security risks.
For instance, they cite in the petition that their right to a clean and healthy environment has been infringed. Ultimately, they cite contempt of court indicating that the clubs have continued to operate despite a court order barring their operations.
Read: Kiza Lounge, B Club And Two Other Kilimani Clubs To Remain Closed After Losing Appeal
“The 1st respondent’s continuous operations within the applicant’s area of residence is an outright act of disobedience and disregard of the judgement and order of the court given on October 17, 2019,” reads the petition in part.
Consequently, they cite that the loud music being played daily is a nuisance to them hence deprives them sleep and security.
“What goes on these establishments is causing a bad influence to the children thus violating their rights and fundamental freedoms,” the residents added.
Read Also: Deported Kiza Lounge Owner Ali Oumarau Free To Return To Kenya Following High Court Ruling
In August, the four popular clubs lost an appeal to resume operations after their licences were revoked.
In a ruling by Court of Appeal Judges Gatembu Kairu, Agnes Murgor and Sankale ole Kantai, they stated that they were not convinced by the clubs’ plight that they would be rendered useless if the orders stopping their closure are not be granted.
In their ruling, the judges noted that due to the COVID-19 pandemic that hit the country in March, the government directed that public establishments should be closed to protect citizens thus granting their appeal would contravene government directives.
Read Also: NEMA Shuts Down Kiza, Space Lounge, Jiweke Tavern And B Club For Noise Pollution
“Considering the facts of the case, the Covid-19 pandemic, and even the public interest we are not satisfied that the intended appeal would be rendered nugatory in the absence of stay. For all these reasons the Motion fails and is dismissed,” they ruled.
In their argument to resume operations, the clubs cited that they had created jobs to hundreds of people who have been rendered jobless following the closure.
Ideally, they cited that they would suffer loses with millions of shillings used in investment expected to go down the drain.
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