This archive report was first published on 20 August 2020.
On August 20, 2020, the Court of Appeal in Nairobi delivered a judgment dismissing the appeal by Explorers Tavern and three other nightclubs to suspend the revocation of their licenses.
The clubs, which include B-Club, Kiza Restaurant Lounge, and Space Lounge and Grill, had been ordered to close in October 2020 due to noise pollution.
According to the judges, the clubs failed to convince them that the appeal would be rendered useless if the orders stopping the closure were not granted.
The court also noted that the government had ordered the closure of public establishments in March 2020 to protect citizens from the COVID-19 pandemic.
Explorers Tavern's managing director, Antonio Leting, had faulted Justice Loice Komingoi for relying on noise levels from Space Lounge and Grill and applying them to all the clubs.
However, the court ruled that the clubs had failed to comply with allowable noise levels and had not obtained necessary approvals from the National Environment Management Authority (NEMA).
The clubs had employed over 200 people, whose livelihoods would be jeopardized if the orders were granted.
