- NEMA issued a closure order for Fay’s Bistro and Lounge due to noise pollution in residential area
- The closure was supported by the Constitution of Kenya and the Environmental Management and Coordination Act (EMCA) of 1999
- Environment Cabinet Secretary Aden Duale warned all clubs operating in residential areas about playing loud music
In a move aimed at curbing noise pollution in residential areas, the National Environment Management Authority (NEMA) has ordered the immediate closure of Fay’s Bistro and Lounge, located in the Kilimani area of Nairobi.
The enforcement comes following a series of complaints from residents regarding excessive noise emanating from the establishment.
The closure order, issued on 20th October 2024, was communicated through a letter from NEMA Director General Mamo B. Mamo, who emphasised that the establishment had failed to adhere to improvement notices previously served.
The notices, issued on 19th June 2024 and 14th August 2024, had warned the establishment about noise violations that were affecting the surrounding community's right to a clean and healthy environment, as outlined in the Constitution of Kenya.
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Enforcement of the closure
NEMA, alongside its environmental inspectors and police unit, enforced the closure of the establishment on the same day.
Environment Cabinet Secretary Aden Duale, who addressed the public via social media, reiterated that this action would serve as a warning to all clubs operating in residential areas.
"Let this serve as a stern warning to all clubs operating in residential areas: any that continue to play loud music will face the same action. This impunity will not be tolerated!" Duale posted on X.
Legal grounds for closure
The NEMA directive cited multiple legal provisions under the Constitution of Kenya and the Environmental Management and Coordination Act (EMCA) of 1999.
Article 42 of the Constitution guarantees every person’s right to a clean and healthy environment, and the closure was further supported by Section 8 (1) of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Regulations, 2009.
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The Director General’s statement emphasised, "No person shall use or operate any... device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner."
Consequences of non-compliance
According to Section 137 of the EMCA, any person who fails to comply with such orders is liable to imprisonment for a term between one to four years or a fine ranging from Sh2 million to Sh4 million.
The Director General reminded the establishment of its right to appeal the decision, saying, "You have the right to Appeal against this order to the National Environment Tribunal (NET) if aggrieved."