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Reduce the noise or face the music, Nema warns popular nightclubs


Some of the most vibrant nightspots are staring at possible closure.

In a public notice issued on September 8, the National Environment Management Authority (Nema) warned the clubs over noise pollution, saying it has received complaints from the public.

While some of the businesses have been served with Environmental Restoration Orders, Nema says most operators have ignored compliance requirement.

“This is not a new thing to them as our inspectors had already visited them before and issued them with enforcement orders which indicated the areas they need to correct within their facilities. They were given enough time,” Evans Nyabuto, corporate communication deputy director told The Standard.

“All affected facilities must submit compliance documents within seven days from the date of this notice or risk legal action and closure.” 

The clubs that face shutdown in Nairobi include Kettle House, Quiver Lounge in Kilimani and Eastlands, 1824, Bar Next Door, Havana, Paris Lounge, and Cool Breeze Bar in Ruiru.

Others are Clarion Hotel in Westlands, Eclipse Lounge in Tatu City, Habanos along the Northern Bypass and Al Fhakeer.

Also on the watch list are Ibury Lounge, La Baita Lounge, Club Ibiza and over 100 others. 

In addition, a number of restaurants have also been flagged, among them Alaska Lounge and Grill, Funcity Hotel, Mchana Restaurant, Kijito Gardens, and Mamba Village.

The authority is demanding that entertainment venues provide a certificate of incorporation and CR-12 list of directors, an environmental impact assessment licence, their most recent environmental audit, noise control measures, and a written explanation of why they should not be shut down.

The directive is backed by the Environmental Management and Coordination Act, CAP 387, which empowers the agency to regulate noise and vibration levels in partnership with county governments and law enforcement.

Failure to comply could see operators dragged into costly legal battles, slapped with hefty fines or forced to close their doors indefinitely.

For club owners, the ultimatum comes at a time when the industry is only beginning to recover from economic shocks and tighter county licensing. Some fear that shutting down establishments could cripple the hospitality sector and kill the country’s vibrant nightlife.

Pubs, Entertainment and Restaurant Association Chairman Michael Muthami has, however, dismissed the claims, saying there was no official notice save from what was posted on the social media.

“As per my knowledge, no establishment in that list has received any communication and in fact, some of the listed places no longer operate while others were given a clean bill of health after complying,” he said.

Acknowledging that some complaints from the public are genuine, he said the association has been working to have all members comply.

“At the moment, we are working on the recently policy proposal by Nacada (National Authority for the Campaign Against Alcohol and Drug Abuse) and while trying to address the concerns of our members in coast region who were slapped with heavy levies. Some of these things are not logical. We pay taxes likes any other business and have employed thousands of youth, where do they go if we are closing these establishments?” said Muthami.

A club owner along the Mirema Drive in Kasarani faulted the crackdown. “Some of us have already invested in soundproofing and reduced our operating hours. But Nema is treating us like we’re all careless operators,” he said.

“Nightlife has been here for decades. Now, suddenly, we are being punished despite the tough economic times.”

Last year, Geoffrey Mosiria, the Nairobi County Environment Chief Officer, led a team comprising the Nairobi Liquor Licencing Board, NACADA, NEMA, and KRA in closing Al Fakher Lounge, a popular nightclub in the Roysambu area along Mirema Drive.

“Residents in the area have repeatedly expressed concerns about the club’s disruptive noise levels during the night, which have significantly impacted their quality of life. The club had previously been issued a court order compelling it to soundproof its premises to address the noise issues,” Mosiria said.

 

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