Justice Judy Omange of the Environmental and Land Court (ELC) has ruled in favour of the Amani Residents Welfare Association/Mirema, ordering the closure of three entertainment establishments and a church in the estate.

The case stemmed from a petition filed by the association’s chairman, Dominic Mbigi, and resident John Koogi, citing noise pollution and violation of their constitutional right to a clean and healthy environment.

The petition named Cocorico Wines, Paris Lounge and Grill, Tessara Entertainment, and Trinity House International Ministry as respondents, accusing them of playing loud music and using amplified sound systems that disrupted residents’ sleep, studies, and overall well-being.

“In the light of the aforementioned, I find that the petitioner has proven a violation of his residents’ rights as enshrined in Articles 40 and 42 of the Constitution,” the court ruled.

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The residents further claimed that exposure to inappropriate music and behaviour from patrons negatively impacted children in the estate.

"The noise emanating from the respondents has disrupted learning in the schools located in the estate and allege that the children in the estate are exposed to vile and obscene music content as well as indecent behaviour by the patrons and revellers who visit the establishments," the residents said.

Additionally, one establishment was accused of discharging raw sewage, causing a health hazard.

The court acknowledged the residents' concerns and found the noise levels unreasonable, despite the respondents’ arguments contesting noise level measurements.

Furthermore, the court held the National Environmental Management Authority (NEMA) and Nairobi City County jointly liable for failing to uphold their duty to ensure a healthy environment for residents.

"The petitioner therefore seeks the intervention of this court to protect the right of its residents to a clean and healthy environment and also to ensure that the children of Mirema Drive grow up in an environment that guarantees their right to life, survival, well-being, protection and development as provided for in the Children’s Act. 32," Omange ruled.

Omange awarded the residents Sh5 million in compensation and ordered the closure of the establishments.

The court also revoked the liquor licenses issued to the entertainment venues and directed the OCS Kasarani Police Station and the Roysambu Assistant County Commissioner to enforce the court’s orders.

This landmark decision highlights the growing recognition of the right to a peaceful and healthy environment. It also emphasizes the accountability of public authorities in upholding these rights and addressing residents’ concerns.

The case serves as a reminder of the importance of striking a balance between commercial activity and residential well-being.