Nairobi County declines to revoke Club 213’s licence over alleged noise and disturbance

In its response to a petition filed by Allan Monroe Onyango, the county government declined the request to revoke the club’s operating licence over alleged noise and disturbance.

In a replying affidavit on August 12, Nairobi County said that the National Environment Management Authority (NEMA) had conducted various inspections at the facility and found the entertainment joint to be compliant.

Nairobi County, a 2nd respondent in Monroe’s petition, further argues that its officers visited the entertainment joint between July 16 and 17 following noise complaints. Then, the respondent argues it visited the premise for an inspection, to which the club complied with a notice to put in place applicable noise-control requirements.

The county government argues that Club 213 had complied with the required sound levels; therefore, the petition “appears to be an attempt to compel the County to exercise its statutory powers in a particular manner desired by the Applicant.”

It further argues that it is not obliged to revoke the club’s licence due to Monroe’s dissatisfaction.

The petitioner, in a suit filed on August 3, had told the court that the club plays loud music all night and every day to entertain its patrons and revellers, hence causing disturbance to residents of the area.

However, the county government argues that the said location is classified as a mixed-use zone, hence not an exclusive residential area.

“Petitioner/Applicant’s assertion that the 2nd Respondent illegally and unlawfully permitted the 1st Respondent to operate a bar and restaurant within a residential area is therefore factually and legally misconceived,” submitted the county government.

Nairobi County also disputed Monroe’s claim that the club causes traffic chaos by parking on pavements and obstructing access roads. This, it said, was not supported by any independent traffic assessment or a traffic management report demonstrating that the alleged traffic conditions are attributable to the club’s operations.

On August 10, the court had issued interim orders barring the entertainment joint from playing music within the premises following Monroe’s petition.

Represented by Advocate Dennis Onyango, Monroe asked the Court to provide a remedy to ease their misery and suffering during the Court's vacation.