Noise pollution is a severe problem in many countries around the world. Kenya is no exception.
As a developing nation with limited planning and regulations, we’ve seen a rise in noise complaints in residential areas due to the increase in loud churches and nightclubs encroaching in formerly strictly residential areas.
This noise adversely affects people and wildlife, with school-going children being one of the most affected demographic.
Filing noise complaints is one way to help reduce noise pollution in Kenya. Luckily, making reports in Kenya is a very straightforward process.
In this article, our litigators discuss how noise complaints work in Kenya, including the legal framework, reporting channels, and possible consequences that noise polluters face.
Legal Framework for Handling Noise Complaints in Kenya
The legal framework for addressing noise pollution complaints in Kenya is set out in the Environmental Management and Coordination Act No. 8 (EMCA) of 1999. This act oversees environmental protection and promotes sustainable development.
It recognizes noise pollution as a form of environmental pollution. It specifies that every person has the right to a clean and healthy environment.
The EMCA also establishes the National Environment Management Authority (NEMA) as the lead government agency responsible for implementing the act.
NEMA is mandated to regulate and monitor pollution in Kenya and enforce compliance with the relevant pollution control measures.
Channels For Reporting Noise Complaints in Kenya
If you’re affected by noise pollution around your work or home, there are options for addressing the issue.
How you report noise pollution differs depending on your location and the entity causing the pollution.
These reporting channels allow you to bring a stop to the noise or confront the pollutant and seek compensation for damages.
When faced with a noise disturbance in Kenya, you have the following options;
1. Calling the Police
Many Kenyans aren’t aware that the police can help stop noise pollution, so this option is rarely explored despite its efficiency.
If you want to avoid confronting the entity generating the noise directly, calling the police is an excellent option.
The police have the authority to take action by demanding that the noise polluters stop or make arrests.
Calling the police on noise pollution is an immediate remedy as the response is significantly quicker than the other legal channels.
2. Reporting to NEMA
Making a formal report with the National Environmental Management Authority, abbreviated as NEMA, is an excellent option, especially when the polluting entity is an industry or construction project.
NEMA, the government body that manages environmental matters in Kenya, handles noise pollution complaints under the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, which are regulated by article 42 of the Constitution of Kenya, 2010.
These regulations define noise pollution as loud and undesirable sounds that cause adverse effects on humans and the environment, thereby giving NEMA the right to take legal action against polluters.
We explore the legal consequences noise polluters in Kenya can face later in the article.
3. Filing a Lawsuit
You can also sue noise polluters if you have evidence of their noise pollution activities in the form of video recordings or witness statements.
A group of people, such as a neighborhood association, can file these kinds of lawsuits, or you can use them as an individual through a lawyer like the ones we have at Kraido Advocates LLP.
These lawsuits may result in a court order demanding that the noise polluters stop their activities or pay compensation for damages like loss of customers or incurred legal fees.
Legal Consequences of Noise Pollution in Kenya
Causing noise pollution in Kenya can have varied consequences depending on the pollution’s severity and circumstances.
For example, a private individual’s home playing loud music won’t receive as harsh a consequence as an industrial or construction project operating without the necessary licenses like the Environmental Impact Assessment license.
Regardless of the circumstances, noise polluters in Kenya stand to face the following consequences for their actions:
1. Closure of Business
NEMA has the authority to shut down the premises causing noise pollution either temporarily or permanently, depending on the severity of the offense.
2. Fines
Noise polluters can also face fines ranging from a few thousand to millions of shillings depending on the severity and damage caused by their pollution.
3. Imprisonment
Under circumstances where the noise polluter absconds court and refuses to pay fines, they can face imprisonment.
Frequently Asked Questions
Can You Call the Police to Report a Noise Complaint in Kenya?
Yes, noise pollution is an environmental crime in Kenya. Therefore, the police can demand that noise polluters stop or make arrests. You can call the police in Kenya by dialing 999.
Can You File a Noise Complaint Anonymously in Kenya?
Yes, you can file anonymous noise complaints in Kenya by calling NEMA, the body that oversees environmental protection, or your local county offices.
Can I Take Legal Action Against My Neighbor for Domestic Noise Pollution?
Yes, you can take legal action against your neighbor for causing noise pollution in the form of a lawsuit as long as you have evidence of their pollution. Find out more about how to deal with noisy neighbors in Kenya.
Can I Appeal a Fine or Closure of Business Order Issued by NEMA?
You can appeal NEMA’s decisions at the National Environment Tribunal (NET) within 60 days. NET has jurisdiction to hear all appeals against NEMA’s decision. If dissatisfied with the judgment, you can go to the Environment and Land Court (ELC).
You can make the appeals directly, but the best bet is to instruct a lawyer to act on your behalf.
Overview
Noise pollution is a significant problem in Kenya, especially in the cities where construction projects and entertainment joints are constantly popping up in neighborhoods.
Noise pollution severely affects people’s health and well-being; therefore, the government doesn’t take this kind of pollution lightly.
There are consequences to causing noise pollution, including orders to shut down a business, fines, and imprisonment.
You have the right to a clean environment; therefore, if you are experiencing noise pollution, you can contact our law firm for help.
We will help you file a complaint, get compensation, and resolve the issue.
