Nairobi County bar owners and Nairobi governor Johnson Sakaja were Friday given four months to come up with regulations to contain noise in entertainment joints.
High Court judge Mugure Thande directed the Pub Entertainment and restaurant Association of Kenya (PERAK), the Nairobi County Government together with the National Management Authority (Nema) to develop a regulatory framework or administrative guidelines within 120 days.
The judge said the government and the association should agree on what is predictable, discernible and feasible to implement.
“The discussion should also come up with short-term, medium or long-term obligations that would bind all parties, as the measures should contain an implementation matrix that clearly outlines the responsibilities or bars and restaurants once licensed,” the order read
The court made the ruling following an application by bar owners challenging the decision by the county government to shut down the establishments over noise pollution and for operating within residential areas.
Lawyer Kevine Otieno Ondago wanted the court to stop the Nairobi County Government from implementing a notice to entertainments joints over noise pollution.
The county government had threatened to cancel their licenses.
Ondago wanted the court to suspend any enforcement action by the county government over the said decision against bars and restaurants within residential areas.
Through lawyer Peter Wanyama, Andago claims that the unilateral decision by the county government to cancel licenses for bars, restaurants and nightclubs was made without public participation or stakeholders who are affected greatly by the Governor’s directives.
He stated the sudden and unilateral decision by the county government to shut down businesses that it has itself licensed to operate is a direct and immediate threat to the livelihood, as it will lead to massive loss of employment.
Andago told the court that the notice by sakaja was a knee-jerk reaction.
He said that the affected businesses will lay off 50 percent of their workforce,13,000 jobs and will cost them Kshs 39 million per month of their full-time works force due to the ban on nightclubs.
“Each nightclub operates with about three disc jockeys who earn an average of Sh50,000 per night, with the declaration by the Nairobi County the club will have to fire two out of every three DJs per club leading to over 800 DJ”s losing their jobs,” he argued.