Would you love to live in an estate that guarantees serenity by all means?Then the place to enjoy this peace is in the estates owned by the owner of Muiramara Estate.
The court has directed the county government not to license a trader or any other person to operate a bar or any other alcohol selling business within Muimara Estate in Nairobi.
Under The Environment management and co-ordination (Noise and Excessive Vibration pollution, 2009, the regulations prohibit production of any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment.
Any person who is likely to be involved in activities that emit noise or excessive vibrations beyond the permissible levels must obtain a license or a permit respectively from the authority.
The judge was delivering the verdict in an application filed by Muimara Estate Residents Association accusing Nairobi County of allowing a trader, Kariuki Kimiti, to operate a bar within their estate which has young and school going children despite objections from the residents.
This is because the law outlaws the establishment of bars and any other alcoholic outlets within a radius of 300 metres from learning institutions.
Justice Chacha Mwita ruled that the Constitution, in Article 42, gives everyone the right to a clean and healthy environment which should be free from pollutants such as noise.
“Allowing bars and liquor selling businesses within residential areas will thus violate the residents’ right to live in dignity and healthy environment, fundamental rights enshrined in the Bill of Rights,” said Justice Mwita.
“They expect least disturbance. Such places require a peaceful and healthy environment for rest and co-existence,” he observed.
Justice Mwita said that selling liquor in residential estates further violates residents’ right to privacy guaranteed under article 31 of the Constitution.
“It would be difficult to control the behaviour of people who take liquor within a residential estate.
“Lack of behavioural control breaches the resident’s privacy,” Justice Mwita ruled. The judge added that the right to privacy protects the liberty of a person to make certain crucial decisions regarding his well-being without coercion, intimidation, or interference from anyone.
Nairobi Governor Mike Sonko also issued a directive that all noisy Night Clubs, Bar and Social Joints within Estates be closed indefinitely to allow KCPE and KCSE candidates prepare well for their examinations.
In a press release dated October 31, 2018, Governor Sonko directed the National Environment Management Authority, the Nairobi County Liquor Board and security agencies to ensure that noise in estates is minimized.
Do you think Kariuki Kamiti will take the new order seriously?