Court orders Chilis Tavern Nakuru to install soundproof

The Environment and Land Court has ordered the County Government of Nakuru and the popular nightclub Chilis Tavern to install noise mitigation measures.

Justice Anthony Ombayo ruled that it was proven that the nightclub had been playing music at an unreasonably high volume, causing discomfort to businesses, particularly Eagle Palace Hotel.

The hotel sued Chilis and the county government of Nakuru.

“The plaintiff (Eagle Palace) has proved prima facie that noise has been escaping from the defendant's (Chilis) premises and causing some discomfort to the hotel’s visitors,” ruled Ombwayo.

Ombwayo ordered the nightclub and the county to install noise mitigation measures, including reducing the volume of music or installing soundproofing.

The judge ordered an expert report on the installation to be tabled before the hearing date of February 27.

According to Ombwayo, the precautionary principle was applicable to preempt a violation of the hotel’s right to a clean and healthy environment but also to prevent damage to the plaintiff’s business.

“The damage caused is irreparable since it has caused some visitors to check out of the hotel, and thus the balance of convenience tilts towards granting a conservatory order,” ruled Ombwayo.

Ombwayo ruled, noting the claim by Chilis that it had started putting the noise reduction measures in place and such an order will not be prejudicial.

The court said it was the county government’s responsibility to ensure the installation is in place since it licensed the nightclub to operate within its jurisdiction.

Eagle Palace sued Chilis and the county government, seeking orders pending the hearing of their case.

Ibrahim Osman, the director, also sought a declaration that the hotel is entitled to a clean, safe, and healthy environment as per the constitution.

Osman said Chili's operates next to the hotel, but it continuously plays loud music far exceeding the legally permissible noise levels.

“The same has disrupted the business operations of my hotel, leading to my clients canceling their hotel bookings prematurely. It has violated the hotel's rights,” he stated.

He added that the hotel has suffered serious financial losses and his complaints to the nightclub and the county government did not yield any positive results.

Osman accused the county government of failing to implement its regulatory mandate to control and regulate the noise pollution caused by the club.

Chilis, through its proprietor Daniel Moige, admitted that there have been complaints by the hotel about the loud music emanating from its business.

However, Moige deposed that he put in place a raft of mitigation measures after the intervention of the county government.

"The mitigation measures were inspected by the county government, and we were given a clean bill of health," he submitted.

The court noted that he, however, failed to specify the mitigation measures put in place.

On its part, the county government filed a memorandum of appearance on October 29, 2024, but it is yet to file a replying affidavit.

The case will be heard on February 27.