Four popular clubs in Kilimani area, Nairobi whose licences were revoked due to noise pollution forcing them into imminent closure have failed in their appeal to be allowed to reopen.
Justices Gatembu Kairu, Agnes Murgor, and Sankale ole Kantai dismissed the appeal by Explorers Tavern, which was asking for the suspension of the decision given almost a year ago in last October ordering the closure of the club together with three others.
The three others who joined the case are B-Club, Kiza Restaurant Lounge and Space Lounge and Grill.
“These facts are admitted by the applicant and the 4th respondent. Considering the facts of the case, the Covid-19 pandemic, and even the public interest we are not satisfied that the intended appeal would be rendered nugatory absent stay. For all these reasons the motion fails and is dismissed,” said the judges.
The managing director of Explorers Tavern, Antonio Leting had said that Justice Loice Komingoi of the High Court was not only wrong for relying on noise levels from Space Lounge and Grill but also bias for ordering the closure of all the clubs.
According to him, the club had complied with allowable noise levels and obtained approvals from the National Environment Management Authority (Nema). The club said it has employed over 80 people whose livelihoods would be jeopardised if the orders were granted.
Back last year, residents under Kilimani Project Foundation, moved to court arguing that noises from the four nightclubs were depriving them of sleep. Besides the noise, lawyer Cecil Miller said revelers litter the area, obstruct vehicles and expose children to immoral and indecent behavior and that property prices had plummeted, hurting rental incomes. The noise levels from the clubs, according to Mr. Miller, clocked between 68 to 84 ab, which is above-permitted levels.
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