A Nairobi Environment and land court has ordered the Nairobi county government and NEMA to shut down four famous city night clubs.
In a 20 page ruling, Hon Lady Justice Loice Komingoi ordered the immediate shutting down of B Concept club, Kiza Restaurant and Lounge, Space Lounge and Grill as well as Explorers Tavern.
She cited reasons for closing of the clubs inter alia that the operations of the club in a residential area had been in violation of Article 26 and 45 the Constitution that state everyone has a right to life and a right to a clean and healthy environment respectively.
According to the judge, the operations license that had been issued by the county government and the chairperson of the Nairobi City Council alcoholic drugs and license board which allowed the night clubs to operate had been issued unlawfully and illegally.
Through city lawyer, Cecil Miller, the Mlimani Project Foundaton claimed that the operators of the night clubs often played loud music and hosted rowdy drunk revelers thereby depriving the Kilimani area residents sleep and security hence a violation of their basic human rights if not a nuisance.
“The activities that go on on these establishments are a bad influence to our children as they expose them to immoral and indecent behavior if not a violation of their rights and fundamental freedoms.”
The plaintiff also argued that establishments also degraded the environment through littering hence reducing the property prices in the area consequently making residents have am economic loss. Moreover, the plaintiffs complained that the parked vehicles within the area cause an obstruction of motor vehicles.
The management of B Club, had argued in the preliminary objections that they were a licensed restaurant who were allowed to carry out business by both the Nairobi County government and the NEMA.
Kiza restaurant and lounge put forward that it had not only put in place mechanisms but also had taken initiatives at its expense to ensure that the environment they thrived in was peaceful. They averred that they were noise compliant in accordance with NEMA noise regulations. They further claimed that the Kilimani area was in transition from a purely residential area to a more vibrant commercial and mixed used area.
Space lounge claimed that they were target of a malicious suit as the night club was operating along Ngong Road and not in a residential zone. Moreover, the management stated that the club does not play loud music whereas the Explorer night club denied all the claims that were put against them.
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