The National Environmental Management Authority (NEMA) on Thursday, April 6, raided and closed Oyster Bay restaurant in Kilimani, Nairobi, over noise pollution.
In a closure order seen by K24 Digital, NEMA Director General Mamo B. Mamo said there have been numerous complaints from the residents of Kilimani over loud music played at the eatery.
“There have been numerous complaints on noise pollution from the residents of Kilimani where you are located caused by extreme loud music from your facility that interferes with their comfort, repose health and safety. This is contrary to the Environmental Management and Coordination Act (EMCA). 1999, Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009,” the order dated April 6 reads in part.
The NEMA boss directed the management to cease operations with immediate effect to avert further harm to members of the public until the joint complies with set regulations.
“As the principal agency of government mandated to ensure a clean and healthy environment, the Authority hereby orders you to immediately cease operations of this facility to avert further harm to members of the public until you demonstrate to the Authority that you have complied with the provisions of EMCA, 1999 and the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009,” Mamo said.
According to NEMA, the joint had flouted several regulations and ignored previous warnings.
Further, NEMA said ground inspections undertaken jointly by environmental inspectors from the national environmental watchdog and the Nairobi City County Government (NCCG) established that the facility commenced operations without having submitted Environmental Impact Assessment (MA) project report and issued with the subsequent license.
“In executing its mandate under the Constitution of Kenya 2010, in line with the Fourth Schedule on Controlling Noise Pollution, NCCG has undertaken operations at your facility on various occasions following complaints received from the residents of the area.
“Enforcement actions have been taken including issuing of Improvement notices, arrests, confiscation of sound amplifying equipments and prosecution at the City’s Court. Further, the last joint operation undertaken at your facility by a team of Gazetted Environmental Inspectors from NEMA in collaboration with NCCG, issued an Improvement Notice for all operations to cease at the facility till all remedial actions stated in the notice are complied with but this also yielded NO results and you have continued to operate unreservedly,” NEMA said.
NEMA warned the management against ignoring the closure orders saying, any person found guilty is liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding five hundred thousand shillings, or to both.
“You have the right of appeal against this Environmental Improvement Notice to the National Environment Tribunal,” NEMA added.
NEMA’s move comes months after Nairobi Governor Johnson Sakaja announced a crackdown on noisy nightclubs and restaurants operating in residential areas in the city.
In a notice on November 25, 2022, Sakaja banned nightclubs from operating in residential areas following numerous complaints from the public on noise emanating from bars, restaurants, nightclubs and liquor-selling premises.
The governor stated that no nightclub licenses will be issued to premises operating in residential areas and added that licenses would only be issued to clubs within the Central Business District (CBD) and specified streets.
The county boss additionally stated that licences already issued to nightclub owners in residential areas had been cancelled.
“No nightclub licenses will be issued or renewed for premises operating within residential areas. Those already issued are hereby cancelled and establishments may continue operating as bars and restaurants only,” Sakaja stated.
