THAT, aware that paragraph 3 of Part Two of the Fourth Schedule of the Constitution of Kenya, 2010 provides for the functions and powers of County Government on control of air pollution, noise pollution, and other public nuisances; further aware that the County Assembly passed the Nairobi City County Public Nuisance Act, 2021 which provides for the control of public nuisance within the County, Section 20 of the Act, 2021 provides that a person shall not upon other premises play, operate, cause or allow to be played or operated, any musical instrument, wireless, gramophone, amplifier or similar instrument thereby making, causing or authorizing noise to be made which is loud and continuous or repeated as to constitute a nuisance to the occupants or dwellers of any premises in the neighborhood or to passersby on the street; concerned that in recent years there has been an upsurge in noise pollution especially from bars and nightclubs near residential areas which has caused discomfort and lack of peace among residents; further concerned that such noise has health effects which include but are not limited to impairing cognitive functioning in children, affecting people’s sleep and concentration levels, as well as biological stress among others; acknowledging that the National Environment Management Authority developed the Environment Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009 that prohibit the production of loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment; further acknowledging that Paragraph 10 of Part Two of the Fourth Schedule of the Constitution requires the County to implement specific national government policies on environmental conservation, this Assembly resolves that the County Executive to:-
1. Implement all the legislations both at the County and National Levels on noise pollution to control all forms of public nuisance which has resulted in public outcry;
2. Develop regulations on noise mitigating measures pursuant to provisions of Section 35 of the Nairobi City County Public Nuisance Act, 2021 to curb all forms of noise pollution in residential areas in the County; and
3. Mandate proprietors to effect and install noise reduction and containment measures such as soundproofing, cut-offs, installing glass shields, repositioning of speakers and internal self-regulation mechanisms to minimize noise within the County
| Notice of Motion | 1st January, 1970 |
|---|---|
| Mover | Hon. Davidson Ngibuini, MCA |
| Seconder | Hon. Mark Mugambi -Minority Party Whip |
| Division | |
| Dates Debated and/or Concluded | 14th March, 2023 |
| Remarks | Approved with an amendments (Amendments to delete "religious buildings" as a exemption to noise pollution) |