A club in Watamu has been barred from playing music until the Kilifi administration puts measures to eliminate noise from the premises.
The Court of Appeal on May 22 ruled in favour of two Watamu residents who had complained of loud noise from the Comeback Restaurant, Lounge and Disco.
Court records show that the dispute between the residents — Elisabeth Heier and Detlef Heier — and the club dates back to 1998.
In 2013, the Heiers sued the club but High Court Judge James Olola dismissed their case. They appealed the decision.
Court of Appeal justices Daniel Musinga, Gatembu Kairu and Agnes Murgor ruled that the Kilifi administration, Kilifi police boss and the bar violated the resident’s right to clean and healthy environment.
The court ruled that Comeback Restaurant, Lounge and Disco will only be allowed to play music after the county enforces full compliance with environmental laws.
The judges further ruled that Judge Olola disregarded the evidence of loud noise emissions from the Comeback discotheque.
“Worse still, the Kilifi county government left the responsibility of compiling the noise level measurements to the residents, which measurements the learned judge rejected,” the court noted.
The court noted that the two residents had registered with the county several noise complaints but they failed to act.
The family had argued that that the noise was recurrent and played mostly during the peak tourist season.
The noise came from premises without walls and from an electronic amplified system without soundproofing allowing loud noise, a nuisance to residents.
“An analysis of the evidence against the factors discloses that the appellants wrote numerous letters and emails to whosoever cared to listen,” the court said.
The court has also faulted Kioko Enterprises who leased their land to Comeback Restaurant, Lounge and Disco for not taking measures to ensure they don’t play loud noise.
The family had argued that Kioko’s land from which the Comeback discotheque operated was situated in a residential area, less than 300 metres from four learning institutions for persons under 18 years which interfered with the institutions’ learning activities.
(edited by o. owino)
