The Milimani Law Courts /FILEThe Environment and Land Court has ruled that a temporary injunction restraining a popular bar in Nairobi's Lavington area from playing music at its premises will remain in force pending the outcome of a court-ordered noise assessment.
The matter came up for directions before Lady Justice T. Murigi, who heard submissions from counsel representing the petitioner, Allan Monroe Onyango, as well as the respondents, Nairobi City County and the National Environment Management Authority (NEMA).
In her ruling, Justice Murigi directed Nairobi City County and NEMA to jointly or separately conduct an inspection and sound assessment of the premises within seven days to determine whether the bar has implemented adequate soundproofing measures.
The court further ordered that, solely for purposes of the assessment, the establishment would be allowed to play controlled music for the limited period reasonably required by county officials and NEMA to carry out the exercise.
"The permission is strictly confined to the assessment exercise and shall not be construed as a variation or discharge of the Order," Justice Murigi ruled.
The assessment will include measuring noise levels in decibels both within and outside the premises, including at the boundary of the neighbouring residential area said to be affected by the establishment's operations.
Justice Murigi directed Nairobi City County and NEMA to file their respective reports within seven days. She further ruled that the bar would be at liberty to apply for a variation or setting aside of the injunction after the reports are filed.
The judge also struck out Nairobi City County's replying affidavit from the court record.
In the affidavit, the county had dismissed allegations that it had unlawfully, illegally or improperly licensed the establishment, describing the petitioner's claims as "wholly misconceived, unfounded and unsupported by any evidence."
The case has been scheduled for mention on August 21, 2026, for further directions.
According to court documents, the petitioner argues that the entertainment establishment is located immediately adjacent to a residential neighbourhood occupied by families, including school-going children.
The petition states that the bar attracts large numbers of patrons who gather to eat, drink and seek entertainment until the early hours of the morning. It further alleges that loud music is played from around midday until late at night, disrupting the sleep, peace and daily activities of residents living nearby.
