Residents of Mombasa’s Kiembeni Hillside Estate have won a case against a church for noise pollution.
The Environment and Land Court ruled that Ms Lucy Njagi of Salvation, Hope and Restoration Ministry’s actions or inactions resulted in excessive noise emissions, infringing on residents’ rights to a clean and healthy environment.
Under the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, Justice Nelly Matheka ordered the church to reduce its noise level.
Nema had visited the site on June 27 and July 3 and issued a report stating that the sound from the church was a pollutant and that a noise survey was recommended, according to Justice Matheka.
The county government monitored the noise and found it to be above recommended levels.
“It was established on the facility belonging to the first respondent (church) that the levels were high during praise and worship sessions where all equipment was used,” Justice Matheka said.
“During the session, the first measurement revealed an average noise level of 62.0dB, and the second measurement revealed an average of 61.2dB.”
The court noted that in a mixed-use neighborhood, noise levels are limited to 55 decibels (A) during the day and 35 decibels (A) at night (A).
Nema, the county government, and the police were exonerated by Justice Matheka of residents’ allegations that they had failed to uphold the Constitution and protect residents’ rights.
“However, I find no evidence before me that the second, third, and fourth (Nema, county government, and police) have failed in their duty to uphold the constitution as well as observe, respect, promote, and protect the petitioners’ rights,” Justice Matheka stated.
