Nightlong loud music played until 7 am, chaos, sexual immorality and indecent behaviour inside cars and outside clubs witnessed by children and elderly residents caused some residents to move out of their homes completely.
The ones who are left have sought recourse in court against B-Concept Limited trading as B-Club Nairobi, Kiza Restaurant and Lounge, Space Lounge and Grill, Explorers Tavern for causing residents to endure sleepless nights which according to their lawyer, Cecil Guyana Miller, “is affecting their ability to work productively and the children’s ability to concentrate in school.”
The residents say they are subjected to continuous noise pollution and other unwelcome disturbances from Explorers Tavern along Ole Dume Road in Kilimani.
Similar complaints are from various residents under siege by Space Lounge and Grill.
Kiza Restaurant and Lounge and the B-Candy a.k.a B-Club have also held hostage Maple Court residents in a similar stranglehold.
The residents pray that the continued existence of the clubs within their areas of residence is a violation of their right to life and a clean and healthy environment as envisioned in the Constitution.
They also want the court to make a declaration that the business permits and liquor licenses allowing these clubs to operate in the reckless manner complained of is unlawful.
The residents also want the issuance of licenses to such joints to operate in residential places revisited.
Anguish and stress
They also pray for a compulsion against the relevant state authorities to issue and enforce closure notices against the clubs for contravening the Noise and Excessive Vibrations Control Regulations and to revoke the liquor licenses issued to the clubs.
“The loud music and chaos are causing the residents to undergo a lot of anguish and stress which is affecting their well-being and health, the respondents’ patrons are also interfering with traffic due to parking on access roads and even in residents’ compounds,” Miller says.
The clubs’ patrons have been engaging in sexual pervasions in cars and outside the premises which activities are witnessed by children in the surrounding area!
“The uncontrolled activities are causing residents to spend nights and weekends away from their homes,” Miller adds.
Taken a backseat
He said that in connection to the public outcry as a result of the public nuisance and noise pollution by the clubs, some residents moved out of their homes completely resulting in property prices being driven down by the said activities.
Are the clubs operating beyond the terms and conditions and requisite licenses?
Kilimani Project Foundation, suing on behalf of Kilimani Residents Association, say club patrons engage in criminal activities which have not only caused severe injuries but also death in the neighbourhood and their operations are therefore posing a security threat to the residents.
Meanwhile, NEMA, the regulatory authority, the chairperson Nairobi City County Alcoholic Drinks Control and Licensing Board, Nairobi City County Government have taken a backseat and plugged their ears to the residents’ complaints and pleas to restore their repose, comfort and quiet enjoyment of their properties which have been disrupted since the establishment of the said clubs.
When the matter came for hearing on November 27 2017, the respondents had not yet filed their defences despite having been filed with notices of the attendant suit.
Noise pollution assessment
They begged and were given time to file their responses within 14 days before next the hearing date.
NEMA, the trial court heard, had also not filed a response.
Kilimani Project Foundation has been engaging the club owners since 2015 on the noise pollution and on various occasions embarked on various noise pollution assessment to determine the level of noise pollution as far as permitted by the environmental watchdog NEMA.
Following this assessment, the residents lodged a complaint to the county government in vain, prior to this, a complaint had already been made to the County Environment Executive on August 16 2016 which equally yielded no response but a glaring inaction.
“I am aware that there was also a report made by the residents under OB36/03/09/2016 at 1205hours at Kilimani Police Station concerning the noise from the establishment… This step by the residents yielded no permanent results as once the officers confiscated equipment, the same were replaced a few day later and business proceeded as usual,” Irungu Houghton, the chairperson of Kilimani Project Foundation, states in an affidavit.