Mombasa residents revolted by noise win case against church

Residents of Kiembeni Hillside estate in Mombasa have won a case against a church over noise pollution.   

The Environment and Land Court ruled that actions or inactions by Ms Lucy Njagi, of Salvation, Hope and Restoration Ministry, resulted in excessive noise emissions that violated the residents’ rights to a clean and healthy environment.

Justice Nelly Matheka ordered the church to reduce the noise level under the Environmental Management and Coordination (Noise and Excessive Vibration Pollution Control) Regulations.

If the church does not take appropriate action immediately, the judge ruled, the Mombasa government and environment watchdog Nema should prosecute it for offences under the Environment Management and Coordination Act (EMCA) and environmental regulations.

James Odongo, Vincent Maingi, Benjamin Mwai, Stephen Kamau and Vincent Wanyama, representing themselves and the Kiembeni Hillside Residents Association, had sued the church, the Mombasa government and the police.

Justice Matheka noted that Nema had visited the site on June 27 and July 3 and issued a report stating that the sound from the church was a pollutant and a noise survey was recommended.

The county government monitored the noise and determined that it was beyond recommended levels.

“On the facility belonging to the first respondent (church) it was established that the levels were high during praise and worship sessions where all equipment is used,” Justice Matheka said.

“During the session, the first measurement indicated an average noise level of 62.0dB and second noise measurements showed an average of 61.2dB.”

The court noted that in a mixed residential area, the regulations limit noise levels to 55 dB (A) during the day and 35dB (A) at night.

Justice Matheka exonerated Nema, the county government and the police from residents’ accusations that the entities had failed to uphold the Constitution and protect residents’ rights.

“Be that as it may I find no evidence adduced before me that the second, third and fourth (Nema, county government and police) have failed in their duty to uphold the constitution as well as observe, respect, promote, protect the petitioners’ rights,” said Justice Matheka.

The petitioners had told the court that Kiembeni is designated as a residential area and that residents had lived in peace and quiet until Ms Njagi began operating the church in the area in 2017.

They said they had suffered discomfort and lack of peace because of excessive noise from the church through high-voltage preaching, loud music and loud intercessory sessions.

The noise was enhanced by an electronic amplifying system without soundproofing, they claimed.

They said they had young families and children in school and there were elderly residents in the area, adding that they had asked church administrators to reduce the noise without success.

They had also complained to Nema, the county government and the police, saying these entities had failed to take action.

But the church denied infringing residents’ constitutional rights to a healthy and clean environment devoid of excessive noise.

The church said it offered services at specific scheduled times on Wednesday evening from 5pm to 6.30pm and Sunday from 10.30am to 1pm and had endeavoured to keep sound to a reasonable level.

It also argued that there are mosques and bars in Kiembeni that also emit noise and it should not be discriminated against.

Nema told the court that while issues of noise, excessive vibrations, and pollution may be reported to it, they can only be forwarded to the relevant county government offices that are mandated to control such pollution.

It noted that the case pointed to poor physical planning, where informal structures or social amenities spring up in residential estates and the county government should take control in such instances.

It said an alternative would be for the church to relocate to a less densely populated area or soundproof its walls or get rid of the sound amplifying equipment.

For its part, the county government told the court that last year it received several complaints from the residents’ association over noise pollution caused by three churches.

It said that at the Salvation, Hope and Restoration Ministry it was established that the noise levels were high during praise and worship sessions when all equipment was used.

Justice Matheka also ordered Nema and the county government to enforce environmental regulations.

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