Churches on the spot over noise pollution, court order them to cease or be prosecuted

The Environment and Lands Court in Mombasa has directed officials of three churches to cease making noise or be prosecuted.

Judge Nelly Awori Matheka made the orders in cases filed against Salvation Hope and Restoration Ministry, Jesus Manifestation Center, and Holistic Mission for all nations Kiembeni Worship Sanctuary.

James Odongo, Vincent Maingi, Benjamin Mwai, Stephen Ngotho, and Vincent Wanyama filed the suit on behalf of members of the Kiembeni Hillside Residents Association.

They named the three churches, the County Government of Mombasa, the National Environment Management Authority and the Officer Commanding Police Division Kisauni sub-county as respondents.

The five in their suit stated they reside within Kiembeni Estate which area is designated as residential as per the part development plan approved by the Chief Building Inspector on June 16 2001 under the auspices of the retired Local Government Act.

They said they had lived in peace and quiet until the churches began operating within the residential area sometime in the year 2017 under shadowy circumstances. Since then, they said they had known no comfort and peaceful repose due to the excessive noise emanating from the churches.

"The excessive noise is through high voltage preaching, loud music, and loud intercessory sessions. The excessive noise is emitted during the evening hours and during early morning hours on weekdays and Saturdays," read the petitions in part.

Odongo, Maingi, Mwai, Ngotho, and Wanyama said the noise is at its peak on Sundays when the church is in session the whole day and has been enhanced by an electronic amplifying system without soundproofing thereby discharging into their residence with unforgiving intensity.

The excessive noise they said not only disturbs their comfort and peaceful repose but also adversely affects school-going children who have to struggle with their homework and revision under such hostile circumstances.

"The sick and elderly have not been spared. They have had to endure such objectionable noise that endangers their health and safety," they stated.

They said their appeal to have the noise reduced and put in lenitive measures appeals fell on deaf ears. They further accused the County Government, NEMA, and security personnel but no action was taken.

They noted they have been denied their right to a healthy, clean environment that is devoid of excessive noise. They sought among other orders compensation in the form of damages for the inconvenience, annoyance, and discomfort arising from the excessive noise emissions.

The churches in the various suits denied infringing on the residents' Constitutional rights to a healthy, clean environment that is devoid of excessive noise as alleged.

Lucy Akoth Njagi on behalf of Salvation Hope and Restoration Ministry said they have endeavored to have a reasonable amount of sound adding that there are Mosques and bars within the Kiembeni area and hence they should not be discriminated against.

John Mwaiwe on behalf of Holistic Mission for all Nations Worship Sanctuary said the church has in no manner infringed on any of the petitioners' Constitutional rights to a healthy, clean environment devoid of excessive noise as alleged by the Petitioners.

The church according to Mwaiwe carries out its operations at specific scheduled church services which include Sunday Church service which runs from 10:30 am to 1:00 pm and has been engaging a reasonable amount of sound, especially with the instruments.

Dennis Sirya Samson on behalf of the Jesus Manifestation Center also denied the claims.

The judge while determining the cases noted that NEMA visited the site on June 27, 2022, and July 3, 2022, and made a report stating that the sound is a pollutant in relation to Regulation 3 (1) and (2) of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009 and a noise survey was recommended.

The County Government the court noted did carry out the noise surveillance and did determine that the noise levels were beyond the recommended levels. It was established that the levels were high during praise and worship sessions where all equipment is used.

The court noted that the three petitions were merited and ordered that the churches through their actions and inactions that have resulted in excessive noise emissions have violated the residents' rights to a clean and healthy environment.

The churches being within a mixed residential area were ordered to restrict the noise level. The court ordered the County Government and NEMA to prosecute the churches should they fail to cease to cause noise pollution.

NEMA and the County Government were ordered to enforce EMCA and the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations to ensure the abatement of unreasonable noise and vibration noise pollution emitted into the environment from any source within Mombasa County that may interfere with the comfort, repose, health or safety of members of the public.