The National Environment Management Authority (NEMA) has vowed to immediately stop any operations of companies, churches, and clubs that are reported to be causing noise pollution.
In a statement released on Friday, February 14, NEMA further said it will prosecute establishments that already have an Environment Impact Assessment (EIA). The EIA process ensures that potential environmental impacts of proposed projects are identified and mitigated before implementation.
While speaking after a series of inspections on excessive noise pollution in Ruiru, Kiambu County, NEMA Director Compliance, Dr Ayub Macharia, noted that the authority will be enforcing the laws that have become neglected.
“Any facility reported by the public for causing noise pollution will attract enforcement action from NEMA and be compelled to; immediately stop any operations that support or generate noise pollution and undertake an Environment Impact Assessment (EIA) with adequate public participation,” said Ayub.
He added, “If the facility has an EIA license, it will attract prosecution for violation of the EIA license conditions regarding noise pollution.”
The law prohibits excessive Noise that is producing loud, unreasonable, unnecessary, or unusual noise that disturbs, injures, or endangers others is prohibited.
The Environmental Management and Co-ordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009, delineate maximum permissible noise levels across various zones.
For instance, in silent zones such as health facilities and educational institutions, noise should not exceed 40 decibels during the day and 35 decibels at night. Residential areas have limits set at 50 decibels during the daytime and 35 decibels at night, while commercial zones permit up to 60 decibels during the day and 35 at night.
Violations of these noise regulations carry significant penalties. Individuals or entities found guilty of exceeding the prescribed noise levels may face fines up to Ksh350,000 or imprisonment for a term not exceeding 18 months, or both.
NEMA has the licence to allow individuals or entities planning activities that may emit noise beyond permissible levels to obtain a license from NEMA. This includes events using sound-amplifying equipment, construction, demolition, mining, or quarrying activities.
Already, NEMA is partnering with the Nairobi County government, which has said all matatus will be required to mute their music once they enter Nairobi CBD and are only allowed to blast their music after they leave.
In an exclusive interview on the 'Why It Matters' podcast by Kenyans.co.ke, the Chief Officer for Environment in Nairobi County, Geoffrey Mosiria, revealed that going forward, matatu touts and bus stop conductors (kamageras) will not be allowed to shout and call people.
Furthermore, all businesses with loud speakers outside will be required to remove them. This includes businesses like electronic shops that often play loud music with someone (sales promoter) calling people and announcing the offers available.
This also includes premises that have loudspeakers with pre-recorded messages calling on clients. “We want the town to be quiet. We want to restore order,” Mosiria asserted.
