Nairobi MCAs direct Governor Sakaja to lift ban on night clubs

The County Assembly of Nairobi has directed Governor Johnson Sakaja to lift the order on the closure of night clubs issued on November 25.

Governor Sakaja had cancelled licenses for night clubs operating in residential areas following public uproar over noise pollution.

On Friday, the city’s lawmakers however said the order “was not clear and it is affecting all the night clubs, even those that are compliant.”

Members of the County Assembly adopted the report tabled on Thursday by the Sectoral Committee on Culture and Community Services acting on a petition by the Pubs, Entertainment and Restaurant Association of Kenya (PERAK).

PERAK had complained that the order by Governor Sakaja was indiscriminate and disregarded the fact that the same county government had issued the licences for the businesses to operate as nightclubs.

The association said that while only 400 of Nairobi’s 12,000 licensed bars are licensed to operate at night, the blanket order had given county enforcement officers police officers the wherewithal to ruthlessly enforce the order.

Sakaja’s move, it argued, had put at risk the income of about 60,000 workers in the sector that generates income of Ksh.21 billion per year.

The owners also argued that there are grey areas in the planning of the city that have blurred the lines between commercial and residential areas.

The MCAs have now directed the enforcement officers from the County Government and the national police to immediately cease to enforce the order pending its clarification.

“The County Executive Department of Urban Planning to come up with a clear definition of a residential area and commercial area,” the County Assembly added.

The MCAs further called for a review of the revoked license for the night clubs that are compliant.

They also recommended that PERAK, residents’ associations and the county government should hold a joint discussion within a month to come up with a framework for the operation of night clubs and restaurants within residential areas.

Additionally, the MCAs have given PERAK six to 12 months to ensure that all the night clubs and restaurants within residential areas are soundproof.

The reversal of the order comes days after Governor Sakaja was asked by Deputy President Rigathi Gachagua to consult before making decisions that affect businesses in the capital city.

The governor had issued an order stopping matatus from entering the city centre.