Odongo & 4 others (Acting on their own Behalf and as Members of Kiembeni Hillside Residents Association) v Samson t/a Jesus Manifestation Center & 3 others (Environment & Land Petition 004 of 2022) [2022] KEELC 13703 (KLR) (26 October 2022) (Judgment)

Summary at a glance

Facts

Petitioners reside in Kiembeni Estate, a residential area, and have complained about excessive noise from the Jesus Manifestation Center operated by the 1st respondent. The noise is through high voltage preaching, loud music, and intercessory sessions, affecting the petitioners' comfort, health, and safety.

Issues

• Excessive noise from the church violates the petitioners' right to a clean and healthy environment.
• Restrict the noise level from the church to comply with Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations.

Reasoning

The excessive noise from the church is a pollutant and violates the petitioners' rights to a clean and healthy environment. The church must restrict noise levels and the respondents are directed to enforce regulations.

Outcome

Petition granted

Orders

• The 1st respondent to restrict noise levels to comply with regulations.
• Prosecute the 1st respondent for creating noise pollution.
• Enforce EMCA and regulations to abate unreasonable noise pollution.
• The 1st respondent to bear the cost of the petition.

Remedies

• Restrict noise levels from the church.
• Prosecute the 1st respondent.
• Enforce EMCA and regulations.

Authorities cited