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ELCAllowedNot specified in the judgment· [2025] KEELC 5778 (KLR)

Eagle Palace Hotel v County Government of Nakuru & another (Environment and Land Case E065 of 2024) [2025] KEELC 5778 (KLR)

Environment and Land Court
1 August 2025
AOAntony O. Ombwayo
1,217 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court confirmed that NEMA can be ordered to inspect noisy premises and report to the court on compliance with noise-control rules.

What this practically means

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Executive summary

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Chilis Tavern Ltd, the applicant, moved the Environment and Land Court at Nakuru seeking an order compelling the National Environmental Management Authority (NEMA), Nakuru, to inspect its tavern along Oginga Odinga Road and to submit a report on its compliance with the court's orders in ELC No. E065 of 2024 and the Environmental Management and Co-ordination (Excessive Noise and Vibrations Pollution Control) Regulations, 2009. The application arose from a suit instituted by the 1st Interested Party, Eagle Palace Hotel, in which the court on 16th January 2025 ordered the applicant to install noise mitigation measures and file an expert report. The applicant installed sound barriers and soundproofing; NEMA inspected on 7th February 2025 and recommended extensions, which the applicant complied with, but NEMA failed to conduct a further inspection or file the report despite requests. The applicant feared being condemned as non-compliant at the main suit hearing set for 29th July 2025. Mr Akango for the interested party argued noise control was a devolved county function and the County Government was better placed. The court, Ombwayo J, held that under sections 7 and 9(2) of the Environment Management and Co-ordination Act, NEMA may act through lead agencies or on its own, and has power to inspect premises alleged to produce excessive noise and report to court. The application was allowed: NEMA was directed to inspect the tavern and file a compliance report within 15 days, with costs in the cause and mention on 25th September 2025.

Key legal issues

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01

Whether NEMA is empowered to conduct the inspection and file a compliance report sought by the applicant

Holding

NEMA is empowered under section 9(2) of EMCA to carry out the inspection, acting through lead agencies or on its own

Reasoning

The court found that under section 9(2) of the Environment Management and Co-ordination Act, NEMA can act through lead agencies or act on its own or in conjunction with other lead agencies. NEMA is established under section 7 of EMCA as the principal government organ for implementing environmental policies, with general supervision and coordination over environmental matters. It therefore has power to inspect premises alleged to produce excessive noise and report to court.

p. 3

Legal principles established

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  • NEMA has statutory power to inspect premises alleged to be producing excessive noise and to report to court, and may act through lead agencies or on its own

Court orders

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  1. 1.National Environmental Management Authority directed to inspect Chilis Tavern located along Oginga Odinga Road, Nakuru
  2. 2.NEMA to submit a report on the applicant's compliance with the court orders in ELC LC No. E065 of 2023 and to file it in court within 15 days
  3. 3.Costs in the cause
  4. 4.Mention on 25th September 2025

Authorities

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Legislation

  • Environment Management and Co-ordination Actsection 9(2)
  • Environment Management and Co-ordination Actsection 7
  • Environmental Management and Co-ordination (Excessive Noise and Vibrations Pollution Control) Regulations, 2009Not specified
Jurisdiction invoked
Environment Management and Co-ordination Act No. 8 of 1999, sections 7 and 9(2)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Eagle Palace Hotel v County Government of Nakuru & another (Environment and Land Case E065 of 2024) [2025] KEELC 5778 (KLR)", Case Analysis (2025). Not specified in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5778/eng@2025-08-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.