BY SAM ALFAN.
A famous club in Mirema Estate and a church have been ordered to pay a residents association Sh5 million over noise pollution and operating in residential area illegally.
In a win for Amani Residents Welfare Association Mirema Estate, the court found that Cocorico Wines, Paris Lounge and Grill, La Tessara Entertainment and Trinity House International ministry were operating in the residential area illegally.
The Environment and Land Court Judge Judy Omange awarded the association the money as compensation for noise pollution by the bars and a church operating within the residents’ area illegally.
Justice Omange further ordered the cancelation of licenses issued by Nairobi County Government to the clubs for the sale of alcoholic drinks in residential area.
“An order for compensation of Sh5 million is awarded for violation of fundamental rights freedom of Amani Residents Welfare Association Mirema,” ruled Judge Omange.
Judge Omange declared that the continued operations of the clubs and the church in the area was a violation of association members’ right to use and enjoy property under Article 40 of the constitution and a violation of their right to clean and healthy environment.
The court noted that the loud noise from the establishments have violated the rights of the residents to a clean and healthy environment provided for under Article 42 of the Constitution.
The environmental regulator- NEMA and Nairobi City County were also found liable for abdicating their duties to ensure the rights of the residents to a clean and healthy environment are guaranteed.
The court declared that decision by the Nairobi County Government under governor Johnson Sakaja to license to the three clubs to operate in a residential estate is illegal as the same contravened section 11(1)(a) of the city Alcoholic Drinks Control Licensing Act.
The judge issued permanent injunction restraining Trinity House International Ministry from emitting noise beyond its precincts which interferes with Mirema residents’ quiet use and enjoyment of their properties and live in clean and healthy environment.
The OCS Kasarani Police Station and Roysambu Assistant County commissioner were directed to ensure the court orders are complied with.
Court ruled that Nairobi County Government and National Environment Management Authority (NEMA) have abdicated their constitutional and statutory to ensure implemention of all policies relating to environmental to control noise pollution and public nuisance and regulate the sale of alcoholic drinks respectively within Mirema Estate, Roysambu in Nairobi County.
This is after the association filed a case in court seeking various orders against the noisy clubs and the church in the area.
The association through Chairman Dominie Mbigi told the Environment and Land Court Judge that the three entertainment establishment play loud music that has interrupted the sleep of residents in the estate.
The court heard that Trinity House International Ministry on Sunday and Friday nights, they use sound systems to preach and for the ministration of songs which resonate through the neighborhood with the deafening levels.
He added that the noise from the church and clubs have interfered with the learning at the schools which are located in the area.
The court further heard that residents’ children have been exposed to vile and obscene music content and also indecent behavior by the patrons and revelers who visits the establishments.
Cocorico wines is accused of discharging raw sewer in an open drainage which passes by the resident houses.
