Court Orders Church & Bar to Pay Mirema Residents Ksh 5M for Noise Pollution


Two bars and a church in the Mirema area of Nairobi County were ordered to pay Ksh5 million to residents over noise pollution.

In a ruling from the Environment and Lands Court, the three parties were ordered to pay compensation for disrupting the residents’ sleep.

Members of the Amani Residents Welfare Association in Mirema had filed a suit against the entities lamenting that learning activities at a nearby school had been affected by excessive noise.

The court gave several orders in favour of the petitioners who filed the case in July 2022.

Alcoholic drinks displayed in a club.

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Wine Liquor Beer

The two lounges named as first and third respondents had their licenses cancelled while the church was directed to ensure that its sound was restricted within its walls.

“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,” read the ruling in part.

“An order that the OCS of Kasarani Police Station and/or the Roysambu Assistant County Commissioner does assist in the implementation of the orders of this honourable court.”

“An order for compensation of Ksh5,000,000 is awarded for violation of fundamental rights and freedom of the petitioner,” added the ruling.

The judge further directed the respondents to meet foot the cost of the petition for the petitioners.

The petitioners had lamented that the loud noises from the bar and lounge had exposed their children to inappropriate content while the church emitted loud music, especially on Fridays and Sundays.

“The noise emanating from the Respondents has interfered with learning at the schools which are situated in the estate,” read the petition in part.

“Further the Petitioners contend that the children in the estate are exposed to vile and obscene music content as well as indecent behavior by the patrons and revelers who visit the establishments.”

The State had been cracking down on noise pollution and launched a campaign to shut down entertainment joints emitting noise pollution. The Nairobi County Government also moved to crack down on bars within estates.

A photo of a gavel used in court.

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JSC



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