Sounds of the city: Toothless county fails to bite as residents continue to agonise over noisy night clubs

Nairobi Chief Officer for Environment, Geoffrey Mosiria. [Standard, File]

For many Nairobi residents, sleepless nights have become the norm, thanks to loud noise that comes from nightclubs, bars, restaurants, and even churches in their neighbourhoods.

 The loud music, shouting, and clanging have made life unbearable, especially for families with young children, the elderly, and those who are sickly.

 For years, they have complained about the disturbance, but their cries often go unheard. “It is impossible to sleep, even on weekdays. The music goes on until 3am or 4am in the morning,” cries Jane Wanjiku, a resident of Nairobi’s Kilimani estate.

 Many, like Jane, have given up on getting a good night’s sleep, feeling helpless against powerful business owners who run these clubs.

 According to the law, noise pollution in residential areas is illegal. The Nairobi County government is responsible for ensuring that neighbourhoods remain peaceful.

 The Constitution of Kenya, 2010, mandates counties to control air and noise pollution.

 To address this, the Nairobi City County Public Nuisance Act of 2021 was passed. This law specifically prohibits playing loud music or making any noise that disturbs people living nearby.

 The law aims to protect residents from noise that can impact their health, disturb their sleep, and affect children’s ability to concentrate.

 Additionally, the National Environment Management Authority (NEMA) has rules from 2009 that also prohibit loud and unnecessary noise, the regulations are meant to safeguard people’s comfort and health.

 In recent months, Nairobi County has taken serious steps to address the noise issue in the capital.

 The Chief Officer for Environment, Geoffrey Mosiria has been seen leading a series of night raids targeting noisy clubs, bars, restaurants, and even churches that violate noise regulations.

 Efforts to restore sanity have seen NEMA close down several popular joints, such as Fay’s Bistro & Lounge, and Oyster Bay Bar and Restaurant, both in Kilimani for producing noise.

 While confirming the closure of Fay’s Bistro and Lounge, Adan Duale, the Environment, Climate Change, and Forestry Cabinet Secretary, in a statement shared on X that the closures were to serve as a warning to clubs operating in residential areas.

“Let this serve as a stern warning to all clubs operating in residential areas. Any that continue to play loud music will face the same action. This impunity will not be tolerated,” Duale said.

 According to NEMA, Fay’s Bistro had been issued with several warnings following numerous complaints by the general public regarding noise pollution from the establishment.

“The authority draws your attention to the numerous improvement notices served to you, including the improvement notices dated June 19, 2024 and August 14, 2024 and inspections by NEMA environmental inspectors following numerous complaints on varied dates reported by the general public regarding noise pollution from operation of your business hence denying neighbouring fraternity the right to a clean and healthy environment,” read a closure order by NEMA to the establishment.

 The closure, came a month after the Nairobi county government disclosed plans to close Quivers club, Kilimani due to noise complaints from the public.

 To avoid imminent closure then, Quivers through a statement, announced that it will henceforth stop playing music, but rather adopt an innovative concept.

 “Our unique approach is designed to create an environment where guests can fully immerse themselves in the experience without the distraction of loud music. We believe that people can connect and enjoy each other’s company in a vibrant atmosphere,” Quivers noted.

 The club, said that it arrived at the decision following extensive discussions with the management and feedback from the public.

“Following the current development based on the views of our neighbourhood and in the spirit of unity, environment conservation, and the numerous telephone conversations between our wonderful neighbours and our management, we wish to bring this ground-breaking decision to public attention: we will be the first club to embrace an innovative concept by not playing music,” read the statement.

 Mosiria, who led the county enforcement team in a raid to Quivers said that the establishment had ignored multiple notices and complaints from neighbours.

“This behaviour is illegal, and we are now enforcing action against those who have failed to address our soundproofing requests. We cannot allow continuous environmental pollution and disturbances to our community’s peace,” said Mosiria during the raid at Quivers.

 Similarly, churches have also been put on the spot for causing noise pollution, with the county government reaching an agreement that will enable working together to reduce noise nuisance.

 The devolved government during an engagement with church leaders clarified that it will not close down churches due to noise complaints. 

 Initially, county government had cracked down on noise pollution from churches and other houses of worship.

 For instance, Mosiria led a crackdown on a church in Kawangware that was known for playing loud music during services and night vigils.

 Speaking to The Nairobian, Mosiria maintained that the people have the right to enjoy their homes without being disturbed by loud noise.

 He says that the city county government is committed to restoring sanity in the residential areas and that they will not relent until the law is adhered to.

 He says their goal is not to shut down businesses, but ensure they follow the rules. “The people causing noise pollution feel what they are doing is right, because they are in business, but they forget that the neighbours also need to sleep,” he says.

 On a typical day, Mosiria says the enforcement team receives more than 100 complaints from the residents lamenting of noise from either night clubs, bars, restaurants and even churches.

 This, he said is as a result of the businessmen thriving at the expense of residents with many bars in the city illegally operating as night clubs without requisite licenses. “If you want to do business, sound proof and then play loud music. It is unfortunate they are not doing that, their neighbours are suffering,” says Mosiria

 The county’s crackdown on noise pollution has received mixed reactions with residents feeling relieved and some acknowledging the county efforts.

“Finally, we can sleep in peace, we hope they keep up the pressure. The noise was too much and sleeping was a problem,” says Peter Kamau, a resident of Mirema.

 However, not everyone is happy. Business owners, especially those in the entertainment industry, feel targeted. They argue that the raids are hurting their businesses. “We are just trying to earn a living. The county should work with us to find solutions, but not just shut us down,” said a club owner who requested anonymity.

 However, Mosiria differs. “People don’t like to do things the right way, but I know with time they will get used to it. When you try to change culture, there is going to be resistance. But I believe they will learn to accept that we have to coexist with our neighbours. The country is governed by the law, we are not operating in isolation,” says the environment chief officer.

 Mosiria admits that his team has faced resistance, including threats from well-connected individuals who want to stop the night raids.

 The criticism, and threats, he insists, are part of the job, stressing that it does not hinder them from enforcing the law and that it is necessary to protect the rights of residents.

 But what criteria is being used to identify establishments that make noise above the recommended level? “We have experts who are doing the measurements using a sound metre. We also go to the neighbour who has complained to do the same, so that we make sure they are not being malicious, some can be business competitors. So when you call us to complain, we tell you to do a formal complaint,” explains Mosiria.

 To balance enforcement and the rights of doing business, Mosiria said that as much as everyone has a right of doing business, no one has the right to violate the rights of others.

“Ours is to make sure that there is compliance and that the law is followed. As you do business, don’t violate the rights of your neighbours, they also deserve to live well and enjoy a peaceful environment. No club is licensed to make noise. They are licensed to do business. What we are experiencing in Nairobi, is a problem that has been created by people operating with impunity,” he observes.

 He challenges city residents to learn to coexist and to live peacefully with each other, ensuring there is no noise or any other form of pollution affecting their neighbours.

 The manner in which the raids are done by the county government has been a major concern with industry players terming it as an old way of doing things.

 Frank Mbogo, Chairman, Metropolitan Liquor Traders Association says the problem is not having bara in a residential areas, but rather noise from the establishments, which can be handled by soundproofing the places.

“We have had some problems with people making noise, which we do not support at all, but our main concern is the way the county government is doing it, especially with the fact that most of these bars are actually licensed by the counties themselves. We are asking the county government to assist people with how to sound proof these bars,” says Mbogo.

 He critisises the manner in which the raids are done by enforcers, recording innocent revelers who are are trying to have a good time.

 “Fifty people entering a bar, running up and down, picking speakers, arresting the DJ, among other things, are long gone ways. They just need to come to the bar and ask them to reduce the volume, but not act like thugs,” Mbogo laments.

 Noise pollution is not just an annoyance, it can have serious health impacts. Experts warn that long-term exposure to loud noise can lead to stress, sleep disorders, and even heart problems.

 Children are particularly vulnerable, as noise can affect their concentration and learning abilities.

 “Noise can raise stress levels and affect mental health. In children, it contribute to behavioural problems, including hyperactivity and reduced concentration. Noise, especially during the night, can disrupt sleep patterns, leading to difficulty falling asleep or staying asleep,” says Dr Mary Njoroge, a public health expert.