Popular clubs Kiza, B-Club's bid to stop closure over noise flops
Four popular clubs in Kilimani, Nairobi have failed in a bid to stop their imminent closure, as they appeal against the revocation of their licences.
Justices Gatembu Kairu, Agnes Murgor and Sankale ole Kantai dismissed the application by Explorers Tavern, which sought to suspend a decision last October ordering the closure of the club together with three others over noise pollution.
Others who joined the case are B-Club, Kiza Restaurant Lounge and Space Lounge and Grill.
The judges said they were not convinced that the appeal would be rendered useless, if the orders stopping the closure were not granted. They said when Covid-19 pandemic hit the country in March, the government ordered the closure of public establishments to protect citizens.
“These facts are admitted by the applicant and the 4th respondent. Considering the facts of the case, the Covid-19 pandemic, and even the public interest we are not satisfied that the intended appeal would be rendered nugatory absent stay. For all these reasons the motion fails and is dismissed,” said the judges.
The managing director of Explorers Tavern, Antonio Leting faulted Justice Loice Komingoi of the High Court for relying on noise levels from Space Lounge and Grill to order the closure of all the clubs in October last year.
According to Mr Leting, the club had complied with allowable noise levels and obtained approvals from National Environment Management Authority (Nema). The club said it has employed over 80 people whose livelihoods would be jeopardised if the orders were granted.
Ms Judy Gitau, manager and proprietor of Kiza Restaurant supported the application by Mr Leting and said her club was granted all necessary approvals and licences.
Residents under Kilimani Project Foundation, moved to court arguing that noises from the four nightclubs was denying them sleep.
Besides the noise, lawyer Cecil Miller said revellers litter the area, obstruct vehicles and expose children to immoral and indecent behaviour and that property prices had plummeted, hurting rental incomes. The noise levels from the clubs, according to Mr Miller, clocked between 68 to 84 ab, which is above permitted levels.
This article was written by The Business Daily on the 17th August.