This archive report was first published on 28 October 2019.
On October 28, 2019, Hon. Lady Justice Loice Komingoi issued a 20-page ruling ordering the immediate shutdown of B Concept club, Kiza Restaurant and Lounge, Space Lounge and Grill, and Explorers Tavern in Nairobi.
The court cited Article 26 and 45 of the Constitution, which guarantee the right to life and a clean and healthy environment, respectively, as reasons for the shutdown.
The operations licenses issued by the county government and the Nairobi City Council's alcoholic drinks and license board were deemed unlawful and illegal by the judge.
The Mlimani Project Foundation, represented by city lawyer Cecil Miller, claimed that the night clubs' activities were a nuisance and a bad influence on children, exposing them to immoral behavior and violating their rights.
“The activities that go on on these establishments are a bad influence to our children as they expose them to immoral and indecent behavior if not a violation of their rights and fundamental freedoms,” the plaintiff argued.
The night clubs' management, however, disputed the claims, with B Club arguing that it was a licensed restaurant allowed to operate by both the county government and NEMA, and Kiza Restaurant and Lounge claiming to be noise-compliant and having taken initiatives to ensure a peaceful environment.
