In an effort to tackle noise pollution in residential areas, the National Environment Management Authority (NEMA) has ordered the immediate closure of Fay’s Bistro and Lounge in Nairobi’s Kilimani area. This action follows numerous complaints from residents about excessive noise coming from the establishment.
The closure, issued on October 20, 2024, was communicated in a letter from NEMA Director General Mamo B. Mamo, who stressed that the venue had ignored previous improvement notices. These notices, served on June 19 and August 14, 2024, warned the establishment about noise violations, which were infringing on the surrounding community’s right to a clean and healthy environment, as guaranteed by the Constitution of Kenya.
NEMA, along with its environmental inspectors and police unit, enforced the closure on the same day. Environment Cabinet Secretary Aden Duale, addressing the public on social media, affirmed, “This action serves as a clear 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.
The National Environment Management Authority (NEMA) based its closure of Fay’s Bistro and Lounge on several legal grounds drawn from the Constitution of Kenya and the Environmental Management and Coordination Act (EMCA) of 1999.
Under Article 42 of the Constitution, every individual has the right to a clean and healthy environment, which was central to the closure order. The directive was also reinforced by Section 8 (1) of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Regulations, 2009. NEMA Director General Mamo B. Mamo emphasized that “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.”
In terms of consequences for non-compliance, **Section 137 of EMCA** stipulates penalties, with offenders facing imprisonment for a term of one to four years or fines ranging from Sh2 million to Sh4 million.
While addressing the closure, the Director General reminded the establishment of its legal options: “You have the right to appeal against this order to the National Environment Tribunal (NET) if aggrieved.”
