The National Environment Management Authority (NEMA) has shut down Oyster Bay, a popular joint in Kilimani, Nairobi.
This follows numerous complaints on noise pollution from the residents of Kilimani where the club is located caused by extremely loud music from the facility.
The noise, according to NEMA, interferes with the residents’ comfort, repose health and safety.
In addition, ground inspections undertaken jointly by Environmental Inspectors from the Authority and the Nairobi City County Government (NCCG) established that the facility commenced operations without having submitted Environmental Impact Assessment (EIA) project report and issued with the subsequent license.
“In executing its mandate under the Constitution of Kenya 2010, in line with the Fourth Schedule on Controlling Noise Pollution, NCCG has undertaken operations at your facility on various occasions following complaints received from the residents of the area. Enforcement actions have been taken including issuing of improvement notices, arrests, confiscation of sound-amplifying equipment and prosecution at the City’s Court,” NEMA said in a letter to the management.
“Further, the last joint operation undertaken at your facility by a team of Gazetted Environmental Inspectors from NEMA in collaboration with NCCG, issued an Improvement Notice for all operations to cease at the facility till all remedial actions stated in the notice are complied with but this also yielded no results and you have continued to operate unreservedly. Your attention is drawn to the provisions of The Constitution of Kenya which enlists Environment as a right and fundamental freedom (Article 42) and provides that “every person has the right to a clean and healthy environment”.”
NEMA accuses the facility of failing to comply with the authorities despite several warnings from the government.
“As the principal agency of government-mandated to ensure a clean and healthy environment, the Authority hereby orders you to immediately cease operations of this facility to avert further harm to members of the public until you demonstrate to the Authority that you have complied with the provisions of EMCA, 1999 and the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations. 2009. Section 143 (a) of EMCA, 1999 provides that Any person who Fails, neglects or refuses to comply with an environmental restoration order made under this Act; commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding five hundred thousand shillings, or to both,” NEMA said.