Reprieve for 213 Lavington Club as court suspends Nema's closure order

NEMA orders immediate closure of 213 Lavington club over noise pollution. [Courtesy]

The management of 213 Lavington Club can now breathe a sigh of relief after the Environment and Lands Court issued orders barring the National Environment Management Authority (NEMA) from closing its premises.

In an order issued by Justice Theresa Murigi, NEMA was barred from enforcing the closure action pending compliance with the said Order and for good order.

The judge said the matter will appear before her for mention on September 3.

NEMA had earlier issued an Environmental Restoration Order directing the closure of the Club following ongoing complaints regarding excessive noise pollution.

Dated August 19, 2026, and signed by NEMA Director General Mamo B Mamo, the order followed an earlier Public Notice on Noise Pollution issued on September 8, 2025.

According to the regulator, the establishment failed to provide several required compliance documents within the stipulated seven-day timeframe, including a Certificate of Incorporation (CR-12), an Environmental Impact Assessment (EIA) License, a current Environmental Audit and proof of noise control measures.

In the restoration order addressed to the club's management, NEMA stated: "You have failed to avail the said documents contrary to the Environmental Management and Coordination Act, CAP 387 and the Authority has continued receiving noise complaints about your facility even after being warned through the public notice."

To regain permission to operate, NEMA directed 213 Lavington Club to immediately shut down, perform an Environmental Impact Assessment, obtain the necessary licensing, soundproof the facility and undergo a noise survey.

Management must also keep all environmental records on-site for inspection and invite NEMA inspectors for an official re-inspection once all requirements are fulfilled.

The regulator warned that failure to comply attracts a jail term of not less than one year, a fine of not less than two million shillings, or both.

The club has been advised of its right to appeal the closure order before the National Environment Tribunal if aggrieved.

But Justice Murigi, in her order, stated that, “Pending compliance with the said Order and for good order, there shall be no enforcement action pursuant to the restoration order”.

According to Justice Murigi, the club indicated that it wishes to forgo the pending interlocutory application and proceed directly to the hearing and determination of the Petition.

To her, the club said it considers its course appropriate as it will facilitate determination of the substantive dispute without further interlocutory proceedings.

She said the pending applications shall, however, remain on record and shall not be deemed withdrawn.

“Upon compliance with the above directions, the Petitioner shall file and serve their written submissions within 14 days. The 2nd and 3rd respondents are put on notice to comply with the Court Orders to avoid further delay of this matter,” she ruled.