Odongo & 4 others (Acting on their Own Behalf and as Members of Kiembeni Hillside Residents Association) v Mndugu t/a Holistic Mission for all Nations Kiembeni Worship Sanctuary & 3 others (Environment & Land Petition 005 of 2022) [2022] KEELC 13706 (KLR) (26 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13706
- Citation
- [2022] KEELC 13706 (KLR)
- Decided
- 26 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land PetitionPosturePetition grantedCoramN.A. MATHEKA
Holding
Petition granted; 1st respondent to restrict noise levels; 2nd and 3rd respondents to prosecute and enforce regulations.
Facts
Petitioners reside in Kiembeni Estate, a designated residential area, and have complained about excessive noise from the Holistic Mission for All Nations Kiembeni Worship Sanctuary, which began operating in 2015.
Issues
- Excessive noise from church violates petitioners' right to a clean and healthy environment.
- Noise levels exceed recommended limits.
- Responsibility of respondents to enforce noise pollution control regulations.
Reasoning
Excessive noise from the church is a pollutant and violates petitioners' rights under article 42 of the Constitution. Respondents failed to enforce noise pollution control regulations.
Outcome
Petition granted
Orders
- 1st respondent to restrict noise levels
- 2nd and 3rd respondents to prosecute and enforce regulations
- 2nd and 3rd respondents to enforce regulations to abate unreasonable noise pollution
- 1st respondent to bear the cost of the petition
Remedies
- Restriction on noise levels
- Prosecution and enforcement of regulations
Authorities cited
Legislation (2)
- Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009
- EMCA (Environmental Management and Coordination Act)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…