Kiza and B-club have been closed after a court ordered their closure. This is after residents of Kilimani complained that the clubs have been a nuisance with excessive noise and said that they had caused a downgrade in the value of their property.
Initially, four popular clubs in Kilimani were to be closed but Justice Loice Komingoi suspended the decision for 30 days, to allow B Concept Ltd, also known as B Club Nairobi, Kiza Restaurant and Lounge, Space Lounge and Grill as well as Explorers Tavern, to pursue an appeal. The Environment and Land Court judge also ordered the revocation of liquor licences issued to the clubs.
The residents through the Kilimani Foundation Project lawyer Cecil Miller said that they were aggrieved by the noise from the four nightclubs and they couldn’t sleep comfortably.
Through Cecil Miller, they also said that beside the noise, revellers litter their area, obstruct vehicles and expose children to immoral and indecent behaviour and that property prices had plummeted, hurting rental incomes.
The court further heard that the issuance of business permits and liquor licences by the Nairobi County Government for bars within residential areas was a violation of their rights. The lawyer said the clubs should be closed down because they are in contravention of the Environmental Management and Co-ordination (Noise and Excessive Vibration Pollution) regulations.
In response to the suit, the clubs said they had been licensed to carry out their business and had complied with city by-laws.
They told the court that their noise levels were within the recommended limit and in line with the environment watchdog’s standards despite hitting between 68 to 84 ab, which is above-permitted levels.
The Nigerian owner of Kiza Lounge, Oumarou Moumouni, was last month deported and is in court fighting his expulsion.
B Club said it has its own parking at Galana Plaza and does not park on an access road as alleged. The club said it had employed parking attendants who help in organising traffic and parking to and from the establishment.
Explorers Tavern said it does not operate within a residential area but on a commercial zone along Ngong Road and that it does not play loud music as alleged. The club said it has employed over 80 people whose livelihoods would be jeopardised if the orders were granted.
The court heard that the clubs operate within the licensed hours and had discontinued karaoke nights, removed all big speakers and installed those that are acoustic, and the establishments sound-proofed to ensure the noise is within the permitted levels.
“I am persuaded by the petitioner that the residents’ right to a clean and healthy environment has been infringed by the activities of the 1st to 4th respondents,” the judge said in his ruling.
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