Four popular Kilimani clubs have lost an appeal to resume operations after their licences were revoked.
Kiza Lounge, B Club, Space Lounge and Grill together with Explorer Tavern will remain closed after having been shut down last November following complaints of noise and disturbance form residents.
In a ruling by Court of Appeal Judges Gatembu Kairu, Agnes Murgor and Sankale ole Kantai, they stated that they were not convinced by the clubs’ plight that they would be rendered useless if the orders stopping their closure are not be granted.
In their ruling, the judges noted that due to the COVID-19 pandemic that hit the country in March, the government directed that public establishments should be closed to protect citizens thus granting their appeal would contravene government directives.
“Considering the facts of the case, the Covid-19 pandemic, and even the public interest we are not satisfied that the intended appeal would be rendered nugatory in the absence of stay. For all these reasons the Motion fails and is dismissed,” they ruled.
In their argument to resume operations, the clubs cited that they had created jobs to hundreds of people who have been rendered jobless following the closure.
Ideally, they cited that they would suffer loses with millions of shillings used in investment expected to go down the drain.
Earlier in May 2020, the clubs were ordered to remain closed pending their appeal. This was after the Kilimani Project Foundation claimed that operators of the clubs “play loud music daily and host rowdy drunken revelers thereby depriving them of sleep and security.”
“Some of other negative effects from the said establishments release noise, littering by patrons, obstruction of motor vehicles by patrons, exposure to immoral and indecent behaviour by the patrons inside their vehicles, property prices being driven down as a result of all those activities and loss of income by some residents,” submitted the Kilimani residents.
In their submissions, the clubs’ managers; Barry Ndengeyingoma (B Club), Antonio Leting (Explorer Tavern), James Kungu Kariuki (Space Lounge and Grill) and Judy Gitau (Kiza lounge),had argued that they would lose Sh400 million should the closure order stay.