BY SAM ALFAN.
The High Court has issued warrant for the arrest of directors of a popular night club in Nairobi’s upmarket area of Kilimani over failure to obey court order directing it’s closure over noise pollution.
Environment and Land Court Justice Loice Komingoi ordered Kilimani Police Station boss to arrest and bring to court the Director of B-concept ltd Barry Ndegeyigoma for sentencing.
“You are further directed to return this warrant as soon as possible with endorsement certifying the manner in which and the date on which it has been executed or the reason why it has not been executed,” ordered the judge.
The club owner was found guilty of contempt of court for continuing to operate yet it was ordered to close down for operating in an estate and causing noise pollution.
The residents through Kilimani Project Foundation argued that B-club has been operating despite being aware of the judgement of October 17, 2019, which ordered it’s closure.
They argued that the entertainment joint has been operating within Kilimani area of residence and thus continues to disturb the peace of residents.
“A court order is binding on the party against whom it is addressed and until set aside it remains valid and is to be complied with,” the residents argued in court.
They added an appeal by the club, seeking to suspend the decision ordering it’s closure, was dismissed.
B-Club together with Kiza Restaurant and Lounge, Space Lounge and Grill and Explorer Taverns had sought the suspension of the decision, pending the determination of the appeal.
In a judgement delivered by Court of Appeal Justices Gatembu Kairu, Agnes Murgor and Sankale ole Kantai dismissed the application by Explorers Tavern, which sought to suspend a decision to close the club.
Other clubs joined the case pace Lounge but 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.
