BY SAM ALFAN.
The High Court has given Nairobi county government and bar owners 120 days to come up with regulations to contain noise pollutions with entrainment joints.
Justice Mugure Thande gave the county boss Johnson Sakaja and the Pub Entertainment and restaurant Association of Kenya (PERAK) together with National Management Authority (Nema) 120 days to develop regulatory framework or administrative guidelines on noise pollution.
The judge said the government and the association should agree on what is predictable, discernible and feasible to implement.
The discussion should also come up with short-term, medium or long-term obligations that would bind all parties, as the measures should contain an implementation matrix that clearly outlines the responsibilities or bars and restaurants once licensed.
The court made the ruling following an application by bar owners challenging the decision by the county government to shut down the establishments over noise pollution and for operating within residential areas.
Lawyer Kevine Otieno Ondago wanted the court to stop the Nairobi County Government from implementing a notice to entertainments joints over noise pollution.
The county government had threatened to cancel their licenses.
Ondago wants the court to suspend any enforcement action by the county government over the said decision against bars and restaurants within residential areas.
Through lawyer Peter Wanyama, Andago claims that the unilateral decision by the county government to cancel licenses for bars, restaurants and nightclubs was made without public participation or stakeholders who are affected greatly with the Governor directives.
He states that the sudden and unilateral decision by the county government to shut down businesses that it has itself licensed to operate is a direct and immediate threat to livelihood , as it will lead to massive loss of employment.
According to Andago, the affected businesses will lay off 50% (13,000 jobs), Sh139,000,000 million per month of full work force in night clubs due to the bank of night clubs licenses in Nairobi.
