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LEGAL MEASURES AGAINST NOISE POLLUTION IN KENYA

Noise pollution in Kenya is a concern and affects the daily life of many people.

Excessive noise can ruin your peace and even compromise your health, whether it’s a neighbour’s blaring music, honking cars, or construction work.

What can you do about noise pollution in Kenya? This article will show you the steps you can legally take to fight noise pollution.

We also discuss the definition of noise pollution, its causes, how it affects the human body, and some solutions.

What is Noise Pollution?

To begin, what do we mean by noise pollution? Noise pollution is any unwanted or disturbing sound that interferes with your peace, well-being, health, or convenience or disturbs human or animal life.

It is, in other words, a loud or jarring sound that makes it more difficult for you to live your life comfortably.

The definition of noise pollution is something like this: it is a set of sounds with harmful or displeasing effects that do not contribute to the sounds heard in a given environment.

For instance, someone might voice, “Rock and roll is noise pollution,” if loud music from a concert or club prevents them from sleeping at night.

In Kenya, noise pollution can come from traffic, loud music, construction or even religious events with loudspeakers.

There are two types of noise pollution under Kenyan law:

  • Disturbing noise
  • Noise nuisance

It is measured as a scientific fact, similar to how loud a noise is on a decibel scale. For example, sounds over 85 dB can cause damage to your hearing if you listen to them for any length of time.

Noise annoyance, however, is more subjective — any sound that annoys you or disrupts your peace, even if it’s not loud.

It’s essential to comprehend this difference because it helps you to know how to report noise pollution in Kenya and what laws will be applicable.

Causes of Noise Pollution in Kenya

When addressing noise pollution in Kenya, knowing what is causing it is a good idea. Artificial and environmental noise pollution are the two primary categories.

Artificial noise pollution results from human activities, like mining in Kenya, construction and car noises, which are most prevalent in Kenya. Here are some examples:

Traffic

Noise pollution in Kenya traffic

Cars, buses and motorbikes honking or revving engines add to a din, particularly in bustling cities such as Nairobi.

A car horn, for example, can often be around 90 dB or higher, and well, that’s loud enough to introduce stress after time, and give you a headache.

Building

Jackhammers, bulldozers, or other loud machinery can be extremely loud at building sites. A jackhammer can emit up to 110 dB, harming your ears.

Noise pollution

Playing loud music in bars, clubs or from a neighbour, particularly at night, has added its share to noise pollution in Kenya.

Some may jokingly claim “rock and roll is noise pollution” when they feel the music is too loud, but it’s a serious issue for many of us.

Industrial Activities

Noise polution in Kenya construction

Heavy machines, factory generators, and the like can make gruelling noise, permanently damaging the ears.

Public Functions

Any religious functions, marriage functions, or rallies equipped with loudspeakers can be a source of noise nuisance, especially if they continue late into the night.

However, natural sources like thunderstorms or noisy animals also pollute the environment with noise.

Still, the low-frequency components of such natural sources are probably less common and more complex to control.

Most complaints about noise pollution in Kenya are from artificial sources because they are more common and preventable, and more complaints are lodged about their systematic, detailed area coverage.

Explain How Noise Pollution is Harmful to Humans

Noise in Kenya not only angers you, it can screw up your health in a significant way. Here’s how it harms humans:

Hearing Loss

Never-ending exposure to loud noises (e.g., traffic or construction noises beyond 85 dB) can harm your eardrums. This can result in noise-induced hearing loss (NIHL), which can be temporary or permanent.

If you were doing it right next to a busy road, the constant noise could also cause hearing damage.

Stress and Anxiety

Noise pollution in Kenya woman being distracted

Loud or surprising noises, such as honking or loud music, cause your body to release stress hormones, such as cortisol.

That can leave you feeling anxious, grouchy or even angry. Kenya’s noise pollution, especially in urban areas, is a significant stressor for many.

Sleep Troubles

Noise during the night, such as the noise of loud music from a club or the sound of a neighbour’s party, can disturb your sleep.

Tiredness, low energy, and difficulty focusing during the day are consequences of insufficient sleep.

In Kenya, we have seen residents from areas such as Mirema Estate complain about clubs disturbing their peace, yet this issue is not this serious.

Heart Issues

Research suggests long-term exposure to noise pollution in Kenya can raise blood pressure and the risk of heart disease.

So, with the constant stress provoked by noise, it wears on your heart, potentially causing long-term detrimental health effects.

Mental Health Concerns

Noise pollution can be distracting, particularly for children learning and people working from home.

It can also lead to mental fatigue, leaving you feeling drained or less productive.

These effects illustrate why the issue of noise pollution in Kenya is essential to tackle. It’s not only peace at stake here, but also the health and well-being of you and your family.

Legal Measures Against Noise Pollution in Kenya

Noise pollution in Kenya

If you’re being affected by noise pollution in Kenya, you have legal remedies to stop this.

Kenya has laws to regulate noise and protect your right to a peaceful environment. Here’s what you can do:

Know Your Rights

The Constitution of Kenya, Article 42, declares that every person has the right to a clean and healthy environment, which includes protection from noise pollution in Kenya.

If you are being kept up at night by consistently excessive noise, you are within your rights to request and expect action on your part.

Report to the Local County Govt or Police

If noise is bothering you, such as loud music from a neighbour or club, call your local county government or police.

In Nairobi, for instance, the Nairobi City County Public Nuisance Bill (2021) now makes it an offence to play loud music and cause noise pollution.

You can report the neighbour to the county or police, who can investigate and issue warnings or a fine.

Contact NEMA

The national environment watchdog, the National Environment Management Authority (NEMA), is mandated to enforce noise pollution regulations in Kenya.

Under the EMCA of 1999, NEMA’s Legal Notice No. 61 provides the guidelines for the acceptable noise levels.

For instance, daytime noise levels in residential areas shouldn’t exceed 60 dB; nighttime levels should be 35 dB.

Anyone exceeding these limits can be reported to NEMA. They can do a noise abatement order, which compels the offender to diminish the noise, or they will get fined or lose the right to operate.

File a Nuisance complaint

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If the noise is a ‘noise nuisance’ (your sleep, peace disturbed), you can file a complaint under Section 133 of the CrPC.

This enables a magistrate to direct the person making the noise to desist or take legal action.

For instance, if a neighbour’s loud music is disturbing your rest, you can report it to a magistrate for a court order.

Sue

Suppose the noise persists despite warnings, file suit. For example, in Kenya, the Nairobi-based Environmental and Land Court 2024 ordered the closure of three clubs and a church in Mirema Estate for noise pollution and imposed a Ksh 5 million fine.

You can even band with other residents and file a suit, especially if the noise undermines an entire community. The court can also order a cease to the noise or grant damages.

Community Action

Register a residents’ association to advocate against noise pollution in Kenya. This may compel authorities or courts to take your antipathy more seriously.

To bolster your case, document the noise. Record the sound and track the times it occurs.

If you can measure the sound level, do so. You can get apps that help measure sound levels. This can prove that your complaint with NEMA, the police or a court is valid.

How to Reduce Noise Pollution

There are ways to mitigate the nuisances of noise pollution in Kenya. Here are some things you and your community can do:

Take Soundproofing Measures

If you live in a noisy location, incorporate soundproofing materials into your home, such as heavy curtains, carpets, or wall insulation. This can help silence noise coming from traffic or neighbours.

Plant Trees

Trees can reduce sound and serve as natural defences against noise pollution in Kenya. Planting trees in and around where you live can help dial down road or factory noise.

Obey Noise Rules

If you host a get-together or play music, keep it soft, especially at night. Adhere to NEMA noise levels (e.g., 35 dB at night in residential areas) so as not to disturb others.

Employ Public Transport

Cars are another leading source of noise pollution in Kenya. Transportation with buses, trains, and carpooling reduces the number of cars on the road and thus the amount of honking and engine sounds.

Spread the word

Teach your community about the impacts of noise pollution in Kenya. Informal community campaigns or school programs can also prompt people to keep noise levels in check.

Report Violations

If a business, club or construction site is too noisy, report it to NEMA or the police. Fast reporting can prevent noise pollution from getting worse.

The government can also assist with enforc­ing noise regulations and constructing noise barriers along busy roads, as well as by building cities to separate noisy areas (such as factories or airports) from resi­dential areas.

For instance, the city of Nairobi could implement low-noise pavements or solutions to quieten traffic to decrease the general noise level in Kenya.

Conclusion

Noise pollution in Kenya is a nasty habit that can affect your health, peace, and the convenience of living. Whether in the form of loud music, traffic, or construction, excessive noise exposure can lead to stress, hearing loss and heart problems.

Fortunately, Kenya has robust laws against noise pollution, such as the Environmental Management and Coordination Act and the Nairobi City County Public Nuisance Bill.

You can complain about noise to NEMA, the police, and local administration, and you can even go to the courts of law. If you document the noise and enlist your community, you can make a good case.

You can also make practical changes, such as soundproofing your home or planting trees, to fight noise pollution in Kenya.

Written By:

James Chepchieng

Advocate of the high court of kenya

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