It is a big win for residents of the Mirema estate in Kasarani Nairobi after the High Court ordered a church and three bars to pay them Ksh5 million over noise pollution.
The Environment and Land Court Judge Judy Omange awarded the association within Kasarani Estate known as Amani Residents Welfare Association of Mirema Ksh5 million as compensation for noise pollution by three bars and a church operating within the area.
The judge also barred a church known as Trinity House International Ministry from emitting noise beyond its precincts which interferes with Mirema residents’ quiet use and enjoyment of their properties and to live in a clean and healthy environment.
Further, Justice Omange also ordered the OCS Kasarani police station and or the Roysambu Assistant County Commissioner to assist in the implementation of the order of the court to bar the three bars from further operating in the area and the church from noise pollution.
Rights of Mirema residents
In her judgement, Justice Omange states that the loud noise from the establishments has violated the rights of Mirema residents to a clean and healthy environment.
” I find that the petitioner has proved an infringement of its residents’ right as enriched in Articles 40 and 42 of the constitution. The petitioner is therefore in order to seek refuge from this court to protect the right of its residents to a clean and healthy environment and also ensure that the children of Mirema Drive grow up in an environment that guarantees their right to life, well-being, protection and development provided by the Children Act,” the judge stated.
She has also cancelled the licences to the three bars namely Mark Sentu Cocorico Wine owned Daniel Mirithii Kibe and two others, T/A Paris Lounge and Grill operated by Alex Kiprotich Ndiema and three others and T/A La Terrasa Entertainment issued by Nairobi County for sale of Alcoholic drinks within a residential estate.
The court also found the National Environment Management Authority (NEMA) and Nairobi City County liable for abdicating their duties to ensure the rights of the residents to a clean and healthy environment are guaranteed.
The petitioners lamented that the loud noises from the bar and lounge had exposed their children to inappropriate content while the church emitted loud music, especially on Fridays and Sundays.
“The noise emanating from the Respondents has interfered with learning at the schools which are situated in the estate,” read the petition in part.
