Nairobi: Petitioner in court to challenge closure of nightclubs in residential areas

A lawsuit has been lodged in court challenging Nairobi Governor Johnson Sakaja‘s administration’s decision to crack down on nightclubs operating in the residential areas in an effort to contain noise pollution.

Documents filed in court by petitioner Kelvin Otieno Ondago want the issued orders to stop any further enforcement of the Sakaja’s directive by the county government of Nairobi and the Inspector General of Police.

“Conservatory orders be issued staying the implementation of the decision of the county government of Nairobi in respect of bars and restaurants contained in a public notice dated November 25, 2022 pending the hearing and determination of the petition,” Otieno seeks.

Through lawyer Peter Wanyama, Otieno wants the court to issue an order compelling the Pub Entertainment and Restaurant Association of Kenya, the County Government of Nairobi and its County Secretary, Nairobi City County Alcoholic Drinks Control and Licencing Board and Inspector General of Police to hold joint discussions within 120 days in order to develop regulatory and administrative guidelines on noise pollution.

The petitioner challenges the county government’s decision on grounds that the shutdown which is currently being enforced by the police is done in the most blatant manner and has led to the destruction of property and loss of livelihood.

Nairobi churches, mosques

The petitioner argues that the decision by the County Government to shut down bars, restaurants, and nightclubs while leaving out churches and mosques is openly discriminatory.

Otieno argues that the unilateral public notice to cancel licenses of bars restaurants and nightclubs was done without his input, the public, and stakeholders who are greatly affected by the decision.

“The sudden and unilateral decision of the county government of Nairobi to shut down a business licensed to operate is a direct and immediate threat to livelihoods, as it will lead to massive loss of employment,” lawyer Wanyama states in the court papers.

The petitioner says at least 12,000 nightclubs in different parts of Kenya employ more than 60,000 directly and contribute Ksh21.6 billion in revenue to the state.

Further, Otieno claims the closure of the nightspots would have a ripple effect on the economy, affecting other sectors including transport, beauty and spa, and money transfer service providers.

“Four hundred (400) outlets, or 3.3 per cent of the bars in Nairobi, are licensed as nightclubs. It is estimated that each of the 400 nightclubs employs between 50 to 80 full-time employees and 20 to 30 temporary employees. In total, the bars employ about 36,000 people,” he says.

According to the petitioner, a full-time employee earns a monthly salary of Ksh30,000, while a short-term employee earns Ksh10,000 monthly.

He adds that affected businesses on the nightclub licenses will lay off 50 per cent if its full-time employees totaling to 13,000 with a monthly payment of Ksh390 million.

“It further estimates that 100 per cent of nightclub owners will lay off their 10,000 temporary employees with a salary of Ksh100 million a month due to the reduction in operations. Some 73,600 indirect jobs representing Ksh1.6 billion per month in indirect employment income will be lost in Nairobi,” Otieno says.

He further states that night club pays an annual liquor fee of Ksh130,000 which translates to Ksh52 million paid to Nairobi county every year.

“It is expected that the ban of night club will take bars sales back to the COVID-19 pandemic period, where overall consumption of legal alcohol had declined by 30 per cent,” the Petitioner argues.

He says that the government will lose close to Ksh20 billion annually if the crackdown on nightclubs in residential areas continues.

The lawsuit follows after forty-three (43) nightclubs in the city have been put under the county government’s radar for noise pollution.

Late last month, Governor Sakaja canceled the operating licenses of all nightclubs located in residential areas in an effort to contain noise pollution.

This is after residents raised complaints with the County Government of Nairobi.