Noise pollution is a problem that affects millions of people around the world. It’s an invisible pollutant that can seriously affect our health and well-being.
Living in close proximity to neighbors can be both a blessing and a curse. On the one hand, you can make friends and have a sense of community. But on the other hand, if you have noisy neighbors, it can be a source of frustration and stress.
Noisy neighbors come in different forms, like inconsiderate co-tenants, nightclubs, factories, construction sites, quarries, and churches in residential areas. They can be a big nuisance — especially with working from home being more common today. You can’t afford to have noise around you.
In this article, our lawyers give expert legal tips for dealing with noisy neighbors in Kenya and inform you of steps you can take.
Call Kraido Advocates today on +254 799 180 755 to request legal help with noise pollution in Kenya.
Noise Pollution Laws in Kenya
Article 42 of the Constitution of Kenya 2010 confers upon every person the right to a clean and healthy environment, free from all forms of pollution, including noise pollution.
While everyone has the right to use their private property or business premises to their benefit, they’re obligated to do so without compromising the rights of their neighbors and the general public, for example, by not interfering with the peace around them.
In Kenya, the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, control noise pollution. These laws define noise pollution as any undesirable sound that is intrinsically objectionable, or that may cause adverse effects on human health or the environment.
Therefore, the law prohibits the emission of noise that is a nuisance to the public, such as loud music, heavy machinery, shouting, or animal noises.
Such pollution is permissible only in emergency response cases and public safety protection, such as fire, ambulance, and police response, and during parades and national celebrations.
Night constructions and demolitions are strictly prohibited, with a few exceptions of emergencies as provided by the law. Furthermore, using sound amplifying equipment like public address systems is only acceptable between 7.30 am and 9.00 pm.
Effects of Noise Pollution in Residential Areas
Noise pollution can have various adverse effects on both human health and animals.
The effects of noise pollution in residential areas include:
- Disruption of sleep patterns: Noise pollution can make it difficult for residents to fall and stay asleep, leading to fatigue and sleep deprivation.
- Stress and anxiety: Prolonged exposure to noise pollution can contribute to stress, anxiety, and other mental health issues.
- Reduced cognitive function: Noise pollution can negatively impact children’s cognitive development and academic performance and reduce productivity and concentration in grown-ups.
- Loss of property value: This is often overlooked, but in Kenya, noise pollution is often associated with lower-income areas and informal settlements; therefore, allowing noisy neighbors around you can dramatically reduce the value of a property, making it less desirable for potential buyers or renters.
- Reduced quality of life: Noise pollution can also negatively impact residents’ overall quality of life, making it difficult to relax or enjoy indoor activities.
- Increased complaints and community unrest: Noise pollution can also lead to increased complaints from residents and community unrest.
- Impact on pets: Loud noises in residential areas can cause distress to pets, especially dogs, in the neighborhood, resulting in anxiety, restlessness, and barking.
- Cardiovascular disease: According to a study from Harvard Medical School, it is rare, but exposure to noise pollution can increase the risk of cardiovascular diseases, such as hypertension and heart attacks.
It’s worth noting that the specific effects of noise pollution in residential areas in Kenya will depend on the level and sources of noise and the demographics of the affected population.
Actions You Can Take Against Noisy Neighbors in Kenya
Do you work or live near a noisy club, church, factory, construction site, quarry, or inconsiderate neighbors with loud music?
When faced with the challenge of noise pollution near you, the first step that one should take is to attempt to resolve the problem out of court. The Constitution of Kenya 2010 promotes Alternative Dispute Resolution (ADR) mechanisms, including mediation and negotiation, which are practical tools to explore in this case.
Here is what you should do to address the noise in your neighborhood.
1. Talk to Your Neighbors
If you’re struggling with noisy neighbors, talking to them and resolving the issue is an essential first step. After all, they may not even realize they’re being too loud.
Explain to them the noise’s impact on your life, and suggest possible solutions. For example, they can keep it down, limit the noise during certain hours that work for both of you, or soundproof their space.
You can communicate with your neighbors directly or through a Resident’s Association.
2. Filing a Complaint With Local Authorities
If talking to your neighbors doesn’t work, you can take additional steps to protect yourself from the noise.
You can file a noise complaint with the National Environment Management Authority (NEMA) through the contacts 0724 253398, 0735 013046, 0723 363 010, or email [email protected].
NEMA is a government parastatal under the Ministry of Environment and Forestry. The National Environment Management Authority was established in Section 7 of the Environmental Management and Coordination Act (EMCA), 1999, as the principal instrument to implement government policies on the environment and coordinate and oversee all matters relating to the environment.
NEMA has regional offices in all 47 Counties in Kenya, which address regional reports on pollution.
You can contact NEMA to file a noise complaint privately or through an attorney like those at our firm, Kraido Advocates.
3. Take Legal Action Against Noisy Neighbors
If NEMA fails to act on the pollution within a reasonable time and the noise pollution persists, you may need to take legal action.
Contact our law firm to lodge a case on your behalf either at the National Environment Tribunal (NET) or the nearest Environment and Land Court (ELC).
The cases filed at the Nairobi-based Tribunal are referred to as Appeals. They can only aim to challenge the issuance of Environmental Impact Assessment (EIA) Licenses, if any, issued to polluting clubs, construction projects, factories, and quarries.
After such an Appeal is filed at the National Environment Tribunal, the polluting party receives an order to stop the operations generating pollution immediately, pending the hearing and determination of the Appeal.
EIA licenses in Kenya are public records. You can check the validity of a business’s Environmental Impact Assessment License at any of NEMA’s county offices. All you need is the property’s business name or land reference number.
On the other hand, cases filed at the Environment and Land Court have nothing to do with the EIA Licenses issued by NEMA; they seek to challenge the harmful acts of the polluter directly.
These cases may be filed by an individual directly affected by the noise pollution as a class action lawsuit or a public interest case.
An example of a public interest case is when the leadership of a resident’s association files a claim against a club that plays loud music within their neighborhood on behalf of the residents.
What do You Need to File a Noise Complaint in Kenya?
Before presenting a case before a Court or Tribunal, one must remember to gather sufficient proof to support the claim to secure a win.
The evidence of the noise pollution should come from witnesses who are ready to testify in court and video recordings of the alleged noise. In some instances, one may need to get a NEMA licensed expert to measure the decibel levels of the noise that will form the technical support of the allegation that the noise or vibration is excessive and beyond the permissible levels.
Once the court or tribunal listens to the case, they can either dismiss it or allow it to go on, depending on the evidence you present.
If the arguments are valid, the courts or tribunals can order the polluting premises to stop pollution altogether or order steps to lessen the noise and keep it within the permissible levels. They can also order the polluters to pay monetary compensations, professionally referred to as damages, to the affected victims and compensate costs to the complainants — the expenses incurred in filing the claim and legal fees.
Frequently Asked Questions
Are there laws in Kenya that govern noise in neighborhoods?
Yes, the laws governing noise pollution fall under, Article 42 of the Constitution of Kenya, 2010 grants every citizen or resident the right to a clean and healthy environment. Furthermore, the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, deals with noise pollution.
Where can I complain about noise pollution in Kenya?
You can file a noise complaint at any NEMA (National Environmental Management Authority) office in your county or instruct a lawyer to make the report for you.
What kind of evidence do I need to prove that my neighbor is making too much noise?
You need to provide witness statements, and the witnesses should be willing to testify in court, as well as video recordings of the pollution in action and expert measurements of the noise levels produced by the accused.
What is the process for filing a noise complaint in Kenya?
To complain about noisy neighbors in Kenya, contact NEMA by phone or email. If that fails, hire a lawyer to file a suit at the National Environment Tribunal or the Environment and Land Court. Note that a filing fee and evidence of noise levels are required.
How long does it take to resolve a noise complaint in Kenya?
If you report noise pollution to NEMA, it can take a few hours to a week for action, depending on the situation. If you decide to go to court, it could take a month to over a year, depending on the case’s complexity. Mediation might be a better option as it takes less time and has many advantages.
Overview
Living with noisy neighbors can be a stressful experience; luckily, Kenyan laws recognize that and provide everyone with means to address it.
Noise pollution affects your well-being, that of your pets, and your property value; therefore, you shouldn’t ignore or try to cope with it.
The government, through its agency National Environmental Management Authority, abbreviated as NEMA, protects the environment and your right to a pollution-free environment.
You can address noise pollution by talking to the entities causing disturbance directly or through a Resident’s Association. If that fails, you can file a complaint at NEMA or take legal action through lawyers like ours at Kraido Advocates.
Call Kraido Advocates today on +254 799 180 755 to request legal help with noise pollution in Kenya.
