Court orders NEMA to inspect Chillis Tavern amid noise pollution dispute

The Environment and Land Court in Nakuru has ordered the National Environment Management Authority (NEMA) to inspect Chilis Tavern following complaints about noise pollution. This is the second time that the nightclub has been inspected.

Chilli's Tavern was taken to court, and on September 20, 2024, complaints were made by Eagle Palace Hotel. on January 16, 2025 the court ordered Chilli's to install noise mitigation measures, including reducing the volume of the music and installing soundproofing within the establishment.

Chillies Tavern complied with these orders, installing sound barriers and soundproofing materials around the establishment. A first inspection was then carried out by the Nakuru County officials.

The inspection confirmed that sound barriers had been installed along the entire stretch of the facility facing Mburu Gichua Road and that soundproofing materials had been installed extensively on the side of the facility facing Mburu Gichua Road.

According to Chillis Tavern, all the speakers within the facility had been repositioned to face inwards.

After the inspection, the County Government recommended that the club extend the sound barriers by at least an additional four metres on the side facing Oginga Odinga Road.

David Maina, who operates the club, said that they had also complied with these orders, but that the county government had not visited the business to carry out further inspections.

Mr Maina says that they wrote to the county government to request an inspection to assess compliance with the recommendations, as well as to produce an expert report.

“The county government has not yet responded to the letter, and attempts to arrange a visit by an inspector have been unsuccessful,” says Mr Maina.

The case filed by Eagle Palace was due to continue on July 29, 2025. Chillis is concerned that, if the case proceeds to a hearing without further inspections being carried out and a report being filed in court, the company will be at a significant disadvantage, as the court may find it in contempt and declare it non-compliant, despite the fact that it has complied with court orders and the Environment Management and Coordination Regulations.

Through their counsel, Chillis stated that NEMA and the county government are responsible for ensuring that the environment is not degraded.

Eagle Palace, through their counsel, said that the application lacked merit, citing that control of noise pollution is a devolved function and that NEMA is a national government agency.

Once functions have been devolved, they should be left to the county.

However, in his ruling, Judge Anthony Ombwayo found the application to have merit and granted it.

"NEMA is directed to inspect Chillis Tavern and submit a report on its compliance," read part of the court documents.

The matter will be mentioned on September 25, 2025.