Noise pollution and the law: Inside the fight over nightclubs in Nakuru estates

The saying 'one man's meat is another man's poison' perfectly encapsulates the growing tension surrounding the presence of clubs in Nakuru estates. For some residents, having a place to socialise within walking distance is a welcome convenience. It saves on transport costs, eliminates the need for long trips to the city centre and provides a greater sense of safety when partying closer to home.

For others, however, the same convenience is a nightmare. These residents simply want a quiet night's sleep, which becomes impossible when loud music blares from nearby clubs well into the night.

During the My Hood segment, one of the most frequent complaints from residents across several estates was the nuisance caused by nightclubs operating in residential areas. To better understand how such establishments find their way into these neighbourhoods, we spoke to a county official who requested anonymity.

"There are several laws and regulations that govern land use — about 11 in total. One of these is commercial use, which permits clubs. However, residential areas are different because of how various activities influence one another,” the official explained. Social amenities such as schools and hospitals are still permitted in residential areas.

So how do clubs end up in these areas?

"In most cases, these are existing buildings that were originally constructed for residential purposes. Some individuals renovate and convert them into entertainment venues, while in other cases, new buildings are constructed,” the official says.

They also outlined the approval process required for such a change to take place legally. "The owner is supposed to carry out public consultation, also known as a change of use. This involves informing the neighbourhood of the intention to change the land use to commercial. A notice must be displayed in a visible place and a newspaper advertisement must be published for 14 days.”

“If residents submit written objections, the approval should not be granted. Even where approval is granted, very strict conditions are attached,” they add.

However, the official admits that influence peddling sometimes undermines the system. "There are people in high places who pull strings, allowing these clubs into residential areas despite clear guidelines."

In order to address this issue, the county is now seeking to empower residents’ associations so that they can better understand their role in planning and development.

"Some developers take advantage of weak or non-existent residents’ associations. Residents should also be vigilant and follow up on public participation notices. If they raise concerns early on, the county government can intervene.”

"Even where malice is involved, once an issue is formally raised by a residents’ association, it receives the right level of attention — and residents usually win," the official notes.