NEMA Shuts Down Fay’s Bistro & Lounge
Local authorities, including the Nairobi City County Government and the Kilimani OCS, have been directed to ensure the enforcement of the closure.
The closed Fay's Bistro and Lounge. Photo/Fay's Bistro.
By Robert Mutasi
The National Environment Management Authority (NEMA) has issued an immediate closure order to Fay’s Bistro & Lounge Limited, located in Kilimani, Nairobi.
The order, signed by NEMA’s Director General Mamo B. Mamo, comes after the establishment failed to comply with multiple improvement notices related to noise pollution.
According to a notice seen by Hubz Media, NEMA had previously served the restaurant with improvement notices on 19th June 2024 and 14th August 2024 following numerous public complaints regarding noise disturbances from amplified music and live bands.
Despite several inspections, the bistro’s management did not take the required actions to address the concerns raised by the neighboring community.
The closure order cites violations of the Environmental Management and Coordination Act (EMCA) of 1999, specifically sections 3, 12, 42, and 137, which safeguard the public’s right to a clean and healthy environment.
NEMA emphasized that the establishment’s non-compliance infringed on the rights of Kilimani residents to live in a peaceful environment free from excessive noise.
In its directive, NEMA instructed Fay’s Bistro to cease all entertainment-related activities with immediate effect.
The order prohibits the playing of live music, amplified sounds, and any other entertainment operations.
Additionally, the restaurant is required to seize the use of sound equipment that contributes to noise pollution.
The notice referenced Section 8(1) of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations of 2009, which regulates noise from radios, TVs, musical instruments, and other devices that may disturb the peace.
Violations of these regulations are considered serious offenses under Section 137 of the EMCA.
In a statement, NEMA reminded businesses that disregarding environmental laws carries heavy penalties, including fines of up to two million Kenyan shillings or imprisonment for up to four years.
Fay’s Bistro & Lounge now faces the possibility of such penalties if it fails to comply with the closure order.
The closure of the establishment follows increased efforts by the government, led by Cabinet Secretary for Environment, Climate Change, and Forestry Aden Duale, to crack down on environmental violations across Nairobi.
Local authorities, including the Nairobi City County Government and the Kilimani OCS, have been directed to ensure the enforcement of the closure.
Fay’s Bistro & Lounge has the right to appeal the order through the National Environment Tribunal (NET) if they are aggrieved by the decision.
As of now, no formal response from the restaurant’s management has been made public.
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