Environment and Land court
Judge Loice Komingoi has directed the county government of Nairobi to close down three popular night clubs, the night clubs are B Club,
Space Lounge and Grill and Explorer Tavern.
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| The popular Space Lounge and Grill on Ngong road |
Nema has been compelled to enforce closure notices against Kiza
lounge in Kilimani after residents complained of loud music.
Environment and Land court
Judge Loice Komingoi has directed that the same notices be enforced on B Club,
Space Lounge and Grill and Explorer Tavern.
Komingoi said she was
persuaded by the petitioners, Kilimani Project Foundation, that residents' right
to a clean and healthy environment had been infringed on by the activities of
the four clubs.
She said the director of environment at Nairobi county government, Nema, the
NCC Alcoholic Drinks and Licensing Board and Nairobi county government have
been reluctant to exercise their mandate under the Constitution and
Environmental Act (EMCA).
“The clubs were in
contravention of the EMCA (Noise and excessive vibration pollution) control
regulations 2009,” she said.
The Nairobi county government
was further compelled to revoke all liquor licences issued to the four clubs.
However, the judge declined
to grant orders to permanently restrain the clubs from carrying on their
business as they already have the necessary licences duly issued by the
director of environment, Nairobi county government, Nema and the NCC Alcoholic
Drinks and Licensing Board chairperson.
He said they are operating
the businesses due to the licences issued, although unlawfully.
“The clubs continued
operation of business within the petitioner’s area of residence is a violation
of their rights to life and right to a clean and healthy environment as
contemplated in the Constitution,” the judge said.
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