- You are an advocate in the firm of Mandela & Co. Advocates of Fare Acres, Nairobi. You have been approached by Mrs. Holmes of Udaku Estate, Karen area on behalf of residents claiming that:
“Music Loud Limited” is operating a bar and discotheque which is emitting loud noises and vibrations through the playing of loud music during all hours of the night.
Further instructions indicate that the surrounding area is a residential area and the noise is severally affecting the residents, among them school-going children. The loud and offensive music is played every evening and usually runs into the early hours of the morning (5.00 a.m.)
Your research reveals that this behavior by the company offends Section 102 of the Environmental Management & Coordination Act (EMCA) as well as Regulation 3 and 8 of the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Control Regulations, 2009.
Music Loud Limited has adamantly told the residents that the purpose of the music is to entertain their customers.
However, your clients have insisted that the music pollutes the environment and has caused them sleepless nights and reduced productivity for them the following day.
You also learned of several attempts to seek redress from the Government agencies concerned namely: National Environmental and Management Agency (NEMA), Nairobi County Government, and the Kenya Police.
The above agencies have failed to take any action while Music Loud Limited continues with the offensive business. In fact, Music Loud Limited argues that they have a business to run, they are licensed to do so by the Government and NEMA, and they see nothing wrong in entertaining their revelers.
Music Loud Limited unequivocally admits to playing loud music.
The matter has come up for hearing for the first time and you are counsel for the
Prepare an Opening Statement introducing your client’s case. (15 marks)ATP 104 Trial Advocacy r 2015-1