BY SAM ALFAN.
High Court has ordered Nairobi County Government to close four famous city clubs in Milimani area.
Environment and land Court ordered the closure of B Concept T/A B club, Kiza Restaurant and Lounge, Space Lounge and Grill and Explorers Tavern with immediate effect.
In her 20 page ruling Justice Loice Komingoi declared the operations of the said clubs in the area is violation of Nairobi county government’s right to life and right to clean and healthy environment.
The judge ruled that the operations license issued by the County government and the chairperson Nairobi City County alcoholic drugs and license board allowing them to operate their businesses in the manner explained by the association is unlawful and illegal.
The court has also compelled director of environment Nairobi County Government, National Environmental Management Authority and county government to issue a closure and enforce closure notices against the four notorious clubs for operating against noise and excessive vibration pollution.
Nairobi County Government was ordered to revoke all the liquor licenses for the four clubs.
However, the court declined to issue permanent injunction against the four clubs from carrying on their business as they already have the necessary licenses duly issued by the county government.
The orders were issued after Milimani Project Foundation moved to court through lawyer Cecil Miller having been aggrieved by the operations of the four clubs business in Kilimani area in Nairobi.
Through lawyer Cecil Miller, residents claimed that the operators who are night clubs play loud music daily and host rowdy drunken revelers thereby depriving them of sleep and security thus breaching their constitutional rights.
The foundation argued that the said night club and bars operated by B Concept T/A B club Nairobi, Kiza Restaurant and Lounge, Space Lounge and Grill and Explorers Tavern have become a nuisance to the residents as they have been deprived of the basic necessity of sleep on a regular basis.
“What goes on these establishments is causing a bad influence to the children thus violating their rights and fundamental freedoms”, said the foundation.
Some of the other negative effects from the said establishments release noise, littering by patrons, obstruction of motor vehicles of the patrons, exposure to immoral and indecent behaviors by patrons inside their vehicles, property prices being driven down as a results of all those activities and loss of income by some residents.
The B concept in the preliminary objections argued that it’s a restaurant and it is licensed to carry the business by the Nairobi county government and it has compliance from NEMA.
The Kiza restaurant and lounge said it has put in mechanisms and has taken initiatives at it expense to ensure that there is a peaceful and environment all complaint coexistence with neighbors to minimize the issue that may arise as a results of the transition from a purely residential for more vibrant commercial or mixed used area.
Space lounge claimed it doesn’t operate from a residential barea but in a commercial zone along Ngong road and it does not play loud music.
The club said it has carried out extensive sound proofing to the required standard and it has complied with Nairobi City County and NEMA as while.
Explorer also denied operating with residential area as claimed by the foundation.
