The Environmental and Land Court (ELC) has ruled in favor of an association within Mirema Estate, awarding residents Ksh 5 million in compensation following noise pollution caused by three bars and a church operating within the area.
The court found that the loud noise from these establishments violated the residents’ rights to a clean and healthy environment as provided for under Article 42 of the Constitution.
Additionally, both the National Environmental Management Authority (NEMA) and Nairobi City County were held liable for neglecting their duties to ensure the residents’ rights were safeguarded.
An affidavit presented by Dominic Mbigi, Chairman of the Association, and John Koogi a resident of the estate highlighted various challenges.
Mirema Residents’ Concerns
Mbigi pointed out that the entertainment venues and alcoholic selling establishments played loud music, disrupting residents’ sleep.
The church, on the other hand, was accused of using loud sound systems for preaching and ministration, causing disturbances especially on Sunday and Friday nights.
Moreover, the noise levels interfered with learning activities at nearby schools.
“The noise emanating from the Respondents has interfered with learning at the schools which are situated in the estate,” stated the petitioners.
The petitioners also raised concerns about the exposure of children to inappropriate music content and indecent behavior by patrons of these establishments.
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“Further the Petitioners contend that the children in the estate are exposed to vile and obscene music content as well as indecent behavior by the patrons and revelers who visit the establishments,” they added.
Furthermore, one respondent was accused of discharging raw sewage into an open drainage, causing a stench and violating residents’ rights to live in dignity.
Respondents’ Defense
Despite the respondents’ denial and argument that noise levels weren’t adequately measured, the court referenced previous cases indicating that factors beyond noise level measurements could be considered to determine if the noise was unreasonable.
The court ultimately found in favor of the petitioners, affirming the infringement of residents’ rights and the failure of the 5th and 6th respondents to fulfill their obligations.
“In light of the above, I find that the petitioner has proved infringement of its residents’ rights as enshrined in Article 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, survival, wellbeing, protection and development as provided by the Children Act. 32,” the Court stated.
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Regarding compensation, the court awarded Ksh 5 million to the petitioners, apportioning liability among the respondents based on their degree of contribution to the issue.
Additionally, the court issued several declarations and orders, including canceling licenses issued for the sale of alcoholic drinks within the residential estate.
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