Grand Motel Holdings Ltd v Kaaria t/a Icon Bar & another; County Government of Kwale & another (Interested Parties) (Environment and Land Petition E007 of 2025) [2026] KEELC 184 (KLR)
The bottom line
#A Kwale court barred a Ukunda bar from playing loud music for 15 days after it ignored NEMA noise directives, extending the ban if non-compliance continues.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Motion application by the Petitioner meets the threshold to be granted Conservatory orders.
- 2.Whether the Petitioner has made a case that is deserving of the interim conservatory orders sought.
- 3.Who bears the costs of the application?
Key legal issues
#Threshold for interim conservatory orders
The Petitioner established a prima facie case, apprehended prejudice and public interest, satisfying the threshold.
The court adopted the test from the Supreme Court in the Munya case requiring a prima facie case, likely prejudice from violation of constitutional rights, and public interest. The Respondents had not complied with NEMA's directives of 5th July 2024 despite receiving restoration orders, soundproofing measures notwithstanding. Non-compliance established a prima facie breach of the Petitioner's Article 42 right to a clean and healthy environment.
Proof of noise pollution beyond permissible levels
NEMA's inspection report plus the Respondents' non-compliance with directives sufficed at the interlocutory stage despite the absence of decibel measurements.
Section 6 of the Noise Regulations requires measurements by the relevant lead agency. NEMA inspected the premises and observed a woofer and speakers and flouted guidelines. Although the Respondents' independent noise assessment showed permissible levels and blamed traffic, the court held that at the interlocutory stage it makes no hard conclusions on evidence, which is reserved for full hearing; the Respondents' admitted non-compliance with NEMA directives was decisive.
Costs of the application
Costs follow the event under Section 27 of the Civil Procedure Act; the Petitioner was awarded costs.
Relying on the discretionary power in Section 27 of the Civil Procedure Act, Cap. 21, under which costs ordinarily follow the event unless the court for good reason orders otherwise, the court awarded the costs of the Notice of Motion to the Petitioner, who succeeded on the application.
Legal principles established
#- An applicant for interim conservatory orders must demonstrate a prima facie case, likely prejudice absent the order, and that it is in the public interest to grant the order.
- Conservatory orders should be granted on the inherent merit of a case bearing in mind public interest and constitutional values.
- Compliance with NEMA directives is required; non-compliance with environmental regulator directives supports issuance of conservatory orders.
Court orders
#- 1.Notice of Motion dated 13th May, 2025 found to have merit and allowed as prayed.
- 2.Interim conservatory order issued prohibiting the 1st & 2nd Respondents from operating Icon Bar and restaurant above permitted noise levels prescribed by NEMA for a period of 15 days to ensure compliance with NEMA directives of 5th July 2024.
- 3.Failure to comply with Order (1) to automatically lead to a further 30 days extension of the Interim Conservatory Orders until compliance.
- 4.Pre-Trial Conference on 4th March, 2026 under Order 11 of the Civil Procedure Rules, 2010, and hearing on 15th July, 2025 preferably by physical means.
- 5.Costs of the application to the Petitioner.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22, 23, 70 of the Constitution of Kenya, 2010 (enforcement of environmental rights)
Relief refused
#Prayer (d) - order compelling the interested parties to jointly and severally prosecute the Respondents or any other person causing noise pollution.
Prosecution is a matter for the regulator, not the court.
Costs
Costs of the application to the Petitioner.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
That an interim conservatory order be and is hereby issued to prohibit the 1st & 2nd Respondents from operating their business which is the Icon bar and restaurant situated in ukunda along Likoni - Lunga Lunga road commonly known as icon bar above the permitted noise levels prescribed by the Interested Party for a period of 15 days to ensure compliance with the directives issued by the 2nd interested party NEMA on 5th July 2024.
That failure to comply with Order [1] above will automatically lead to a further 30 days of extension of the Interim Conservatory Orders until compliance.
Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values and the proportionate magnitudes and priority levels attributable to the relevant causes.
In my opinion, there has been no effort from the Respondents to comply with the terms by NEMA, this actions have clearly breached the Petitioners rights.
That the Notice of Motion Application dated 13th May, 2025 be and is hereby found to have merit and thus allowed as prayed.
Issues in the judgment
#The two framed issues in paragraph 19 are both labelled 'ISSUE No. a)' in the body of the judgment.
Hearing date ordered (15th July, 2025) predates the judgment date (9th December, 2025) and the Pre-Trial Conference (4th March, 2026).
The replying affidavit date is left blank in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Grand Motel Holdings Ltd v Kaaria t/a Icon Bar & another; County Government of Kwale & another (Interested Parties) (Environment and Land Petition E007 of 2025) [2026] KEELC 184 (KLR)", Case Analysis (2025). Petition (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/184/eng@2026-01-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.