• The Environment and Land court Justice Loise Komingoi made the order on Monday.
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Nema has been compelled to enforce closure notices against Kiza lounge in Kilimani after residents complained of loud music.
Environment and Land court Judge Loice Komingoi on Monday directed that the same notices be enforced on B Club, Space Lounge and Grill and Explorer Tavern.
Komingoi said she was persuaded by the petitioners, Kilimani Project Foundation, that residents' right to a clean and healthy environment had been infringed on by the activities of the four clubs.
She said the director of environment at Nairobi county government, Nema, the NCC Alcoholic Drinks and Licensing Board and Nairobi county government have been reluctant to exercise their mandate under the Constitution and Environmental Act (EMCA).
“The clubs were in contravention of the EMCA (Noise and excessive vibration pollution) control regulations 2009,” she said.
The Nairobi county government was further compelled to revoke all liquor licences issued to the four clubs.
However, the judge declined to grant orders to permanently restrain the clubs from carrying on their business as they already have the necessary licences duly issued by the director of environment, Nairobi county government, Nema and the NCC Alcoholic Drinks and Licensing Board chairperson.
He said they are operating the businesses due to the licences issued, although unlawfully.
“The clubs continued operation of business within the petitioner’s area of residence is a violation of their rights to life and right to a clean and healthy environment as contemplated in the Constitution,” the judge said.
The court further declared that the business permits and liquor licences to the three clubs by chairperson - Nairobi City County Alcoholic Drinks and Licensing and Board and the Nairobi County government allowing them to operate their businesses in the manner complained of by the petitioner is unlawful and illegal.
Kilimani Project Foundation filed the case in cour,t claiming that the noise emanating from the clubs premises is loud, amounting to offensive interference with their comfort, health and safety.
Through lawyer Cecil Miller, the foundation argued that the regulatory agencies had been reluctant in exercising their mandate and numerous complaints to the county government to have the clubs curb the nuisance have not elicited any action.
The residents claimed that the operators of those businesses play loud music daily and host rowdy revelers, thereby depriving them of sleep and security.
They claimed their constitutional rights have been breached.
“What goes on in these establishments is causing a bad influence to the children, thus violating our rights and freedoms,” they argued.