NAIROBI, Kenya, Oct 2 – Police on Sunday arrested operators and patrons of various bars in Kileleshwa following a noise pollution complaint made by area Member of the County Assembly (MCA) Robert Alai.
According to a police report, those arrested were from Oyster bar, Bar Next door, Club 909, Kettle Bar and Onex bar.
The report indicated that “a total of 11 people were arrested and a total of 15 pots of shisha were confiscated.”
“The suspects are held in custody and exhibit are held by NEMA officials. they will be arraigned before the City Court on Monday.”
The crackdown follow a complaint by Alai who sought for the regulation of entertainment joints within the area.
“On behalf of the residents of Kileleshwa ward, I wish to plead with your able office to immediately reign in on the listed entertainment joints that are not only being a nuisance through noise and air pollution but are also becoming a den of prostitution, drug peddlers and other social delinquents,” he stated.
In a letter addressed to the Director – Liquor Licensing, Alai said that the area residents had informed him that they had on more than one occasion petitioned the Nairobi City County over the matter, though without much success.
He added that a prompt action would be much appreciated as the listed clubs look like they are above every known law or regulation in the city.
“As you may be aware, the physical planning act defines “residential area” or “residential zone” as any area or zone restricted for use exclusively for residential purposes and includes land reserved for open spaces, sports grounds or land reserved for public purposes,” he wrote.
“When a night club sets up shop in a residential area, it has a responsibility to ensure that they conduct their business in a manner that does not violate the rights of the residents of that area or zone,” he added.
Alai further said that the rights and freedoms of club owners must be balanced with those of residents and so any claim by residents that there’s noise emanating from the clubs, and which in any way affect the safety and comfort of the residents amounts to offence under the EMCA noise pollution regulations.
“The constitution of Kenya under Article 42 provides that every person has a right to a clean and healthy environment, and this includes the right to have the environment protected for the benefit of present and future generations,” he wrote.
“The quiet environment free from noise and vibration pollution is recognized as clean and healthy. When nightclubs are allowed to operate in a manner that causes excessive noise and vibration, that might lead to injury of the body and disruption of peace and comfort enjoyed by the residents of a particular residential area. It is for this reason that there is a need to regulate the levels of noise and vibrations.”
Other clubs listed include iBury, Numero 5, Viva Lounge, The Monk, Bwibo Restaurant, Sufra Gardens, Haven’s Lounge and Hera Aqua Garden.
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