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| A church and 3 clubs to pay 5 million for noise pollution |
Residents of Roysambu area have won a case against three entertainment joints and a church over noise pollution. The Environmental and Land Court (ELC) Judge Oscar Angote ordered the closure of three clubs and a church in Mirema Estate and fined them Sh5 million for noise pollution. Amani Residents Welfare Association/Mirema had moved to court accusing Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment and Trinity House International Ministry of violating their residents’ right to a clean and healthy environment as enshrined in Article 42 of the Constitution. In its ruling, the court found that the loud noise had violated their rights and awarded them KSh 5 million in compensation for the noise pollution caused by three bars and a church operating in the area. “The petitioner therefore seeks the intervention of this court to protect the right of its residents to a clean and healthy environment and also to ensure that the children of Mirema Drive grow up in an environment that guarantees their right to life, survival, well-being, protection and development as provided for in the Children’s Act. 32,” the court ruled as reported by NTV. At the same time, the court made several orders, including the cancellation of licences issued for the sale of alcoholic beverages within the estate. “By order of this Honourable Court under Article 70 of the Constitution, the licence issued by the 6th respondent to the 1st to 3rd respondents for the sale of alcoholic beverages within a residential area is hereby revoked,” the judge ruled. In their petition, the residents pointed out that the entertainment venues and alcohol outlets played loud music, disturbing residents’ sleep. They also accused the church of using loud sound systems for preaching and services, causing disturbance, especially on Friday nights and Sundays. They also raised concerns about children being exposed to inappropriate music and indecent behaviour by patrons of these establishments.
by Amos Khaemba
