In a victory for residents, the Environmental and Land Court has ordered the closure of four establishments in Mirema Estate: Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry. The court also imposed a collective fine of 5 million Kenyan shillings on these businesses for noise pollution violations.
Judge Judy Omange issued the ruling in favor of the Amani Residents Welfare Association/Mirema, following a case presented by association chairman Dominic Mbigi and resident John Koogi. Their affidavit highlighted the significant disruption caused by excessive noise from the establishments.
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The Noise Problem
The court found that the establishments violated residents’ constitutional right to a clean and healthy environment (Article 42). The affidavit specifically mentioned:
- Loud music from the clubs, disrupting sleep and general peace for residents.
- Excessive noise from the church, particularly during Friday night and Sunday services, causing disturbances.
- Impact on schools: The noise levels were said to disrupt learning activities in nearby institutions.
- Concerns about children’s exposure: Residents expressed concern about the potential negative influence on children residing near the clubs due to the behavior of patrons.
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A Decision for Peace and Quiet
The court’s ruling reflects the importance of maintaining a healthy living environment and protecting residents from excessive noise pollution. This decision sends a message that such disturbances will not be tolerated and residents have legal recourse to enforce their right to peaceful living.