Appeal court refuses to stay order revoking B-Club licence

 

The Court of Appeal has declined to suspend orders compelling the National Environmental Management Authority and Nairobi County to revoke B-Club's liquor licence.

B-Club moved to the appellate court seeking a stay of Environment and Land Court judge Loice Komingoi’s decision pending appeal. Komingoi in October last year issued orders directing the licences of B Club, Space Lounge and Grill and Explorers Tavern revoked as they were issued unlawfully.

In its application, B-Club told the appellate judges that its appeal would be rendered nugatory in the event it were to succeed.

The Club averred that the onset of the Covid-19 pandemic led to closure of its operations, which gave rise to some of the significant financial challenges it is facing.

But appeal judges Justice Hannah Okwengu, Gatembu Kairu and Agnes Murgor said they were not persuaded that the appeal would be rendered nugatory.

The ELC last year ordered the Nairobi county government and Nema to revoke permits issued to the four entertainment joints in Nairobi's Kilimani area following residents' complaints about noise pollution.

In her ruling, Justice Komingai directed Nema and City Hall to immediately revoke operating licences issued to Kiza Restaurants, Space Lounge, Explorers Tavern and B Concept.

“The clubs were in contravention of the EMCA (noise and excessive vibration pollution) Control Regulations 2009,” Environment and Land Court judge Komingoi ruled.

Residents through Kilimani Project Foundation, a lobby group, had gone to court saying that the four joints had over-time breached their rights to a clean and healthy environment by playing loud music at night and hosting rowdy revellers who are a security threat.