BY SAM ALFAN.
Four popular night clubs in Nairobi’s upmarket area of Kilimani will remain closed after they have lost an appeal challenging revocation of their licences.
In a judgement delivered by Court of Appeal Justices Gatembu Kairu, Agnes Murgor and Sankale ole Kantai, they dismissed the application by Explorers Tavern, which sought to suspend a decision last October ordering the closure of the club together with three others over noise pollution.
Other clubs who joined the case are B-Club, Kiza Restaurant Lounge and Space Lounge and Grill.
The Judges said they were not convinced that the appeal by the clubs would be rendered useless, if the orders stopping the closure were not granted.
They further held that when Covid-19 pandemic hit the country in March, 2020, the government ordered the closure of public establishments to protect citizens.
“These facts are admitted by the applicant and the 4th respondent. 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,”ruled the Judges.
The managing director of Explorers Tavern Antonio Leting faulted Justice Loice Komingoi for relying on noise levels from Space Lounge and Grill and applied to all the clubs to order their closure in October last year.
According to Leting, the club had complied with allowable noise levels and had obtained approvals from National Environment Management Authority (NEMA).
The club said it has employed over 80 people whose livelihoods would be jeopardised if the orders were granted.
Judy Gitau, Manager and proprietor of Kiza Restaurant supported the application by Leting and said her club was granted all necessary approvals and licences.
She said Kiza is a major enterprise operating in three continents across and offers a source of livelihood to more than 100 employees in its Nairobi branch. She said the club has always been receptive of any ideas or interventions issued by relevant agencies.
The clubs were closed after residents of the area under Kilimani Project Foundation, moved to court arguing that noises from the four nightclubs were denying them sleep.
Through Lawyer Cecil Miller the foundation said revelers litter the area, obstruct vehicles and expose children to immoral and indecent behaviour and that property prices had plummeted, hurting rental incomes.
According to Miller, the noise levels from the clubs clocked between 68 to 84 ab, which is above permitted levels.
The residents also complained that the issuance of business permits and liquor licences by the Nairobi County Government for bars within residential areas was a violation of their rights.
Explorers Tavern had argued that it does not operate within a residential area but on a commercial zone along Ngong Road and that it does not play loud music as alleged.
