The National Environment Management Authority (NEMA) on Thursday evening raided Kilimani's Oyster Bay restaurant following complaints of noise pollution and ordered its closure.
According to a letter seen by Standard Entertainment, Kilimani residents had complained of 'extreme loud music' that interferes with their comfort, repose health and safety.
NEMA noted that this was contrary to the Environmental Management and Coordination Act (EMCA), 1999, and Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009.
The authority also said Oyster Bay had not submitted an Environmental Impact Assessment (EIA) project report thus was operating without a license.
The letter stated that several operations had been carried out at the premise and equipment confiscated and the management had been asked to improve on certain areas but there was little cooperation.
NEMA boss Mamo Boru Mamo ordered the restaurant to cease operations with immediate effect to avert further harm to the public.
"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," Mamo said.
The Nairobi City County Public Nuisance Act 2021 says residents have a right to a quiet environment, regardless of the nature of businesses around.
Section 20 of the Act states: "A person shall not in any street or in any shop, business premises or any other place adjoining any street to which the public are admitted, play, operate, cause or allow to be played or operated, any musical instrument, wireless, gramophone, amplifier or similar instrument thereby making, causing or authorising noise to be made which is loud and continuous, or repeated as to constitute a nuisance to the occupants or dwellers of any premises in the neighbourhood or to passersby on the street."
The law further protects Nairobians in residential areas against public nuisance.
