Nairobi City County Government has denied allegations that it unlawfully or improperly licensed the bar to operate in Lavingon area in Nairobi.
In a replying affidavit, the county described the petitioner's allegations that it had unlawfully, illegally or improperly licensed the establishment as “wholly misconceived, unfounded and unsupported by any evidence.”
The county said it had carried out inspections and compliance audits at the bar's premises at various times as part of its statutory regulatory functions.
According to the county, one of the inspections resulted in the preparation of a noise survey report, after which the establishment was issued with a compliance notice requiring it to take measures to ensure that noise from its premises remained within permissible statutory levels.
“The issuance of the aforesaid notice is clear evidence that the 2nd Respondent did not ignore the concerns relating to noise as alleged by the Applicant but instead took appropriate regulatory measures to ensure compliance with the applicable law,” the county said.
The county further told the court that, following the compliance notice, the bar undertook remedial measures and improvements aimed at meeting the applicable noise-control requirements.
It argued that the petitioner's request for an order compelling the county to revoke or withdraw the bar's licences was premature, misconceived and legally untenable because the establishment remained licensed and subject to ongoing regulatory compliance.
The Environment and Land Court in Nairobi has temporarily barred the from playing music at its premises pending an inspection to determine whether it complies with environmental noise regulations.
Lady Justice T. Murigi issued the orders after hearing an application by Allan Monroe Onyango, who complained about excessive noise allegedly emanating from the establishment.
The court directed Nairobi City County Government and the National Environment Management Authority (NEMA) to inspect the premises and establish whether the bar is complying with noise-control requirements under the Environ
The dispute will now turn on the findings of the inspection by the county government and NEMA, which are expected to establish whether the premises meets the statutory requirements on environmental noise.
