Court orders Kiza, three other popular clubs closed

Monday, October 28th, 2019 12:27 | By

Four popular city clubs in Milimani area has suffered a major blow after the High Court ordered their closure following accusations by residents that they are a nuisance.

Employment and Land Court ordered the closure of B Club, Kiza Restaurant and Lounge, Space Lounge and Grill and Explorers Tavern with immediate effect.

In her ruling, Justice Loise Komingoi declared the operations of said clubs to be in violation of Nairobi county government's right to life and right to clean and healthy environment.

The judge ruled the operations license issued by the county government and the chairperson Nairobi City County alcoholic drugs and license board allowing them to operate their businesses in the manner explained by the association is unlawful and illegal.

The court has also compelled director of environment of Nairobi county Government, county government and the National Environmental Management Authority (Nema) to issue closure notices and enforce closure notices against the four notorious clubs for operating against noise and excessive vibration pollution.

Nairobi County Government was ordered to revoke all the liquor licenses for the four clubs.

No injunction

However, the court declined to issue a permanent injunction against the clubs from carrying on their business as they already have the necessary licenses duly issued by the county government.

The orders came after Milimani Project Foundation moved to court through lawyer Cecil Miller to express their grievance over the operations of the four clubs in Kilimani neighbourhood.

The residents claimed the operators, who are night clubs, play loud music daily and host rowdy drunken revellers, thereby depriving them of sleep and security, thus breaching their constitutional rights.

The foundation argued B club Nairobi, Kiza Restaurant and Lounge, Space Lounge and Grill and Explorers Tavern have become a nuisance to the residents as they have been deprived of the basic necessity of sleep on a regular basis.

"What goes on these establishments is causing a bad influence to the children, thus violating their rights and fundamental freedoms", said the foundation.

Other negative effects from the said establishments include noise, littering, obstruction of motor vehicles, exposure to immoral and indecent behaviour by patrons inside their vehicles and drop in property prices as a result of all those activities and loss of income by some residents.

The B Club in the preliminary objections argued that it's a restaurant and it is licensed to carry the business by the Nairobi county government and it has compliance from Nema.

Kiza restaurant and lounge said it has put in mechanisms to ensure a peaceful environment and has taken initiatives at its expense to ensure coexistence with neighbours and minimise arising issue from the transition from a purely residential to a more vibrant commercial or mixed-used area.

Space lounge claimed it doesn't operate from a residential area, but in a commercial zone along Ngong Road. It also said it does not play loud music. The club said it has carried out extensive soundproofing to the required standard and has complied with Nairobi City County and Nema regulations.

Explorer also denied operating with residential area as claimed by the foundation.

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