Cecil Miller sues night clubs for indecency, sleeplesness in Nairobi's Kilimani area

A case in which lawyer Cecil Miller is seeking recourse for the

residents in Nairobi's Kilimani area against noise pollution  area has

been referred to the Environment court for hearing and determination.


This is after parties agreed to iron out pending issues in the matter

following the closure of two night clubs, Space Lounge and B-Club

which were causing residents sleepless nights.


The case had initially been lodged at the constitutional division

before the closure of the two offending clubs by the county

government, thanks to the pending suit and a public outcry by the

Kilimani Residents Association.


Residents have been complaining of nightlong loud music played until 7

am, chaos, sexual immorality and indecent behaviour inside cars and

outside clubs witnessed by children and elderly residents which forced

 some residents to move out of their homes completely, says  Miller.


The residents who are left, through Miller, sued  B-Concept Limited

trading as B-Club Nairobi, Kiza Restaurant and Lounge, Space Lounge

and Grill, Explorers Tavern for causing residents to endure sleepless

nights which according to the lawyer, “is affecting their ability to

work productively and their children’s ability to concentrate in



Miller says residents  are subjected to continuous noise pollution and

other unwelcome disturbances from Explorers Tavern along Ole Dume Road

in Kilimani.


Similar complaints, he says,  are from various residents under siege

by Space Lounge and Grill.


Kiza Restaurant and Lounge and the B-Candy a.k.a B-Club have also held

hostage Maple Court residents in  this stranglehold.


"The residents pray that the continued existence of the clubs within

their areas of residence is a violation of their right to life and a

clean and healthy environment as envisioned in the Constitution," the

suit papers Miller filed read.


The lawyer also wants the court to make a declaration that the

business permits and liquor licenses allowing these clubs to operate

in the reckless manner complained be withdrawn.


 He is also seeking a  compulsion against the relevant state

authorities to issue and enforce closure notices against the clubs for

contravening the Noise and Excessive Vibrations Control Regulations

and to revoke the liquor licenses issued to the clubs.


“The loud music and chaos are causing the residents to undergo a lot

of anguish and stress which is affecting their well-being and health,

the respondents’ patrons are also interfering with traffic due to

parking on access roads and even in residents’ compounds,” Miller



The clubs’ patrons have been engaging in sexual pervasions in cars and

outside the premises which activities are witnessed by children in the

surrounding area, Miller states.


He says the uncontrolled activities are causing residents to spend

nights and weekends away from their homes.


Miller  said that in connection to the public outcry as a result of

the public nuisance and noise pollution by the clubs, some residents

moved out of their homes completely resulting in property prices being

driven down by the said activities.


The lawyer claims that the clubs are operating beyond the terms and

conditions and requisite licenses.


Miller also says some club patrons engage in criminal activities which

have not only caused severe injuries but also death in the

neighbourhood and their operations are therefore posing a security

threat to the residents.


NEMA, the regulatory authority, the chairperson Nairobi City County

Alcoholic Drinks Control and Licensing Board, Nairobi City County

Government have been named as respondents in the suit.


Miller wants the court to compel the authorities to restore  repose,

comfort and quiet enjoyment of the properties within Kilimani which

have been disrupted since the establishment of the said clubs.


He said Kilimani Project Foundation has been engaging the club owners

since 2015 on the noise pollution and on various occasions embarked on

various noise pollution assessment to determine the level of noise

pollution as far as permitted.


"Following this assessment, the residents lodged a complaint to the

county government in vain, prior to this, a complaint had already been

made to the County Environment Executive on August 16 2016 which

equally yielded no response," he said.

The dates for the hearing will be taken at the Environment court registry.