Residents of Kilimani have moved to court seeking to have Kiza club and three others in contempt of court for disobedience of a judgement given last year ordering them closed.
In an application filed under urgency, Kilimani project foundation through lawyer Cecil Miller, wants the court to impose a fine and or penalty against the proprietor of the Kiza Lounge, B Club, Space Lounge and Grill, and Explorer Tavern or committed to civil jail.
They also want the operators to pay the fine or direct the attachment of all movable and immovable assets including land and buildings in the execution of the order to satisfy the penalty for contempt.
“Pending hearing of this application, the officer commanding station Kilimani police station or such officer as may be designated be ordered to ensure the compliance with the judgement and order given October 17, 2019,” lawyer Miller says in court documents.
On August 7, 2020, the operators lost their appeal challenging revocation of their licences at the Appeal court.
The clubs were shut down in November last year through a court order after residents complained of noise and disturbance.
However in the application before court, residents claim that notwithstanding the existence and knowledge of the judgement and order dated October 17, 2019, the clubs have continued to operate business within the residents area of residence by continuing to violate their right to clean and healthy environment.
“The respondent’s continuous operation of business within the applicant’s area of residence is an outright act of disobedience and disregard of the judgement and order of this court given on October 17, 2019”, the residents claim.
They add that they have been exposed to great health security risks.
Unless this application is allowed as prayed, the residents right to clean and healthy environment will continuously be violated by the operators, they add.
In their Appeal, the operators had argued that due to the closure notices, they stood to lose investments of more than Sh400 million.
On top of the financial losses, the court was told that at least 120 people would be rendered jobless and as a result, livelihoods affected.
The clubs were closed after residents moved to court arguing that noises from the four nightclubs were denying them sleep.
Miller argued that revelers litter the area, obstruct vehicles and expose children to immoral and indecent behaviour and that property prices had plummeted, hurting rental incomes.
He said the noise levels from the clubs clocked between 68 to 84ab, which is above permitted levels.
The residents also complained that the issuance of business permits and liquor licences by Nairobi county government for bars within residential areas was a violation of their rights.
The group urged the court to note that there was a shoot-out — where Embakasi East MP Paul Ongili alias Babu Owino was accused of shooting a DJ at B Club - which they described as a demonstration that the bar has no control over its clientele.
