Complaints over noise from residential neighbours, churches, bars and other establishments often increase over the weekend, with the Environment and Land Court in Nairobi clarifying the procedure residents should follow when seeking intervention or legal action.The court outlined the steps while dismissing a case filed by a Dandora landlord who lived about 10 metres from a church and claimed that noise from its weekly Sunday services disrupted his sleep, family life and use of his property, while also driving away his tenants.Justice Grace Kemei found that the landlord had failed to prove that the noise exceeded legal limits, noting that he had not presented an expert noise assessment or an official measurement report from the National Environment Management Authority (NEMA) or Nairobi City County.“In the absence of any evidence in support of the petition, the Court is unable to conclude that the noise is excessive and/or that the Petitioner’s rights have been violated,” the court ruled.The court said the petitioner could have provided an assessment report from the relevant lead agency or an audit report from NEMA. It also found no evidence that tenants had vacated the property or that any tenancy agreements had been terminated because of the noise.Justice Kemei also rejected claims of financial losses after the landlord failed to supply lease agreements, formal tenant cancellation letters citing the noise, or professional property valuation reports to substantiate his claims. However, the ruling clarified that freedom of worship does not place churches outside noise-control requirements, although a person making a complaint must provide evidence that the noise is excessive or breaches the applicable standards.According to the ruling, people affected by noise should first lodge written complaints with the NEMA and the relevant county department, and where necessary with other authorities responsible for liquor licensing, public health and law enforcement. Complaints should clearly identify the affected property and the source of the noise while giving details such as when it occurs, how often it happens and how long it lasts. Residents should also keep supporting records including a noise diary, recordings, photographs, witness statements and previous correspondence about the complaint. The court explained that an expert noise assessment report can help establish whether the sound exceeds the limits set under the law. Once a complaint is received, NEMA should register it or refer it to the appropriate lead agency, which should carry out an inspection and prepare a report on the disturbance. Where there are reasonable grounds of excessive noise, authorities can issue an improvement notice requiring the operator to take corrective measures within a specified period. Further action can be taken in cases of continued non-compliance, including a closure notice, prosecution, environmental restoration orders, licence-related measures or requirements for an environmental audit. A person dissatisfied with an environmental improvement or restoration order can appeal to the National Environment Tribunal, while constitutional claims relating to the right to a clean and healthy environment can be taken to the Environment and Land Court in the circumstances outlined by the law.
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