The Environment and Land Court has directed the Nairobi County Government to revoke all permits and liquor licenses issued to four popular entertainment joints in the city’s upmarket area of Kilimani. This comes after residents of Kilimani successfully sued the four night clubs; KIZA, B-Club, Space Lounge and Explorer Tavern, for alleged violation of their right to a clean and healthy environment.
The petitioners under the Kilimani Project Foundation claimed that operators of the clubs “play loud music daily and host rowdy drunken revelers thereby depriving them of sleep and security.” They further told the court that activities in the four clubs cause a bad influence to their children thus violating their rights and fundamental freedoms.
“Some of other negative effects from the said establishments release noise, littering by patrons, obstruction of motor vehicles by patrons, exposure to immoral and indecent behaviour by the patrons inside their vehicles, property prices being driven down as a result of all those activities and loss of income by some residents,” submitted the Kilimani residents.
In the judgement, the court agreed with the Kilimani residents that the continued operation of the four businesses in the residential area is a violation of the petitioners’ rights to life and a clean and healthy environment.
The court further ruled that the permits and licenses issued to the four clubs by the Nairobi County Government to operate is unlawful and illegal.
“A mandatory injunction is hereby issued against the 8th respondent (Nairobi County) compelling it to revoke all liquor licenses issued to the 1st, 2nd, 3rd and 4th respondents,” reads part of the judgement.
The court has however, issued a stay of execution of the said orders for a period of 30 days.
“However , I decline to grant the order of permanent injunction to restrain the 1st, 2nd, 3rd and 4th respondents from carrying on their business as they already have the necessary licenses duly issued… They are operating the businesses due to the licenses issued (albeit unlawfully),” added the court.
The Kilimani residents sued the four clubs, the County’s Director of Environment, the National Environment Management Authority, the Chairperson, Nairobi City County Alcoholic Drinks and Licensing Board and the Nairobi County Government.