NEMA has ordered Oyster Bay Limited Kilimani to remain closed after noise complaints and other violations.
In a letter dated April 6, 2023, seen by the Star, NEMA Director General Mamo Mamo said they reached the decision after numerous visits and notices to the Bay, to no avail.
“As the principal agency of government-mandated to ensure a clean and healthy environment, the Authority hereby orders you to immediately cease operations of this facility to avert further harm to members of the public until you demonstrate to the Authority that you have complied with the provisions of EMCA, 1999 and the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009,” the letter reads in part.
NEMA said it has received a number of complaints about noise pollution from the residents of Kilimani where Oyster Bay is located.
This, Mamo pointed out, is contrary to the Environmental Management and Coordination Act (EMCA), 1999, and Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations, 2009.
Further, ground inspections undertaken jointly by environmental inspectors from NEMA and The Nairobi City County Government (NCCG) established that the facility commenced operations without having submitted Environmental Impact Assessment (EIA) project report and issued the subsequent license.
The NCCG in its mandate in line with the Fourth Schedule on Controlling Noise Pollution had undertaken operations at the Bay on various occasions.
This is including issuing improvement notices, arrests, confiscation of sound-amplifying equipment and prosecution at the City’s Court.
Mamo noted that the last joint operation undertaken at Oyster Bay by a team of inspectors from NEMA in collaboration with NCCG, issued an Improvement Notice for all operations to cease at the facility till all remedial actions stated in the notice are complied with.
This did not however bear results as operations are said to have continued.
The letter noted that failing to comply with EMCA,1999, was an offence attracting imprisonment for a term not exceeding twelve months, or to a fine not exceeding five hundred thousand shillings, or both.
“By copy of this order to the Nairobi City County Government, the Regional Coordinator Nairobi Region, the County Police Commander and the CDE, NEMA shall ensure that the facility remains closed,” it added.
Mamo said the Oyster Bay management has the right to appeal against this closure notice to the National Environment Tribunal.