Controversy as court stops NEMA, KCCA from closing noisy city bar
The court order signed by High Court Civil Division Registrar Simon Kintu Zirintusa was secured by the owners of Aurous Restaurant and Fine Dining bar against Kampala Capital City Authority (KCCA) and the National Environment Management Authority (NEMA).
The court order signed by High Court Civil Division Registrar Simon Kintu Zirintusa was secured by the owners of Aurous Restaurant and Fine Dining bar against KCCA and NEMA. (Courtesy)
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Controversy surrounds circumstances under which court issued an injunction stopping city authorities from taking action against a bar located in the city suburbs of Kololo, which emits noise above permissible levels.
The court order signed by High Court Civil Division Registrar Simon Kintu Zirintusa was secured by the owners of Aurous Restaurant and Fine Dining bar against Kampala Capital City Authority (KCCA) and the National Environment Management Authority (NEMA).
This was after Kololo residents repeatedly petitioned KCCA and NEMA over noise pollution by Aurous Bar, prompting KCCA to write to the bar owners asking them to soundproof the bar or risk closure and confiscation of their equipment over noise pollution.
It has also emerged that some residents have since sued the management of Aurous Bar, located on Plot 11 Roscoe Road, for consistently emitting noise beyond the legally accepted levels, especially during nighttime.
The National Environment (Noise Standards and Control) Regulations, 2003 (under sections 28 and 107 of the National Environment Act Cap 153), clearly spell out the permissible noise levels by entertainment places.
For places or establishments of entertainment in residential areas, the permissible noise levels are 60 decibels during day (6:00 am to 10:00 pm) and 40 decibels at night (10:00 pm to 6:00 am).
If the places or establishments of entertainment are in commercial areas, the permissible noise levels are 75 decibels during day and 50 decibels at night. If such a place is in an industrial area, the permissible noise levels are 85 decibels during day and 65 decibels at night.
The generally accepted noise levels in residential buildings are 50 decibels during day and 35 decibels at night, while in mixed residential (with some commercial and entertainment), the day noise limits are 55 decibels and night limits stand at 35 decibels.
Section 17(1) of the regulations states: “An environmental inspector, the executive director, or a member of a local council may seize, impound, or confiscate any property, tool, machinery, or other instrument, which is likely to cause or has caused the emission of noise if, in his or her opinion, the confiscation would cause tranquility in the area.”
However, New Vision has learnt that instead of complying with the NEMA and KCCA requirements to contain noise, the Aurous bar management went to court and secured an injunction stopping the two entities from closing their business and confiscating their equipment.
The injunction followed a letter from KCCA executive director Sharifah Buzeki in which she revealed that besides emitting noise, Aurous bar was also operating without a development permit.
“Following routine inspections and neighbourly complaints received regarding noise nuisance resulting from your operations, an enforcement notice was issued to you on November 14, 2024, requiring you to, among other things, halt operations, remove all temporary structures, and obtain change of use,” Buzeki wrote on May 21, 2025.
It emerged that the building in which Aurous Bar is operating has a residential permit and not a commercial permit.
Documents show that the National Planning Authority last year advised KCCA to ensure that the proprietors apply for change of use as required under the law – from residential to commercial permit.
As a result, KCCA gave the building owner and proprietors of Aurous Bar 14 days to comply. KCCA also asked them to remove the illegal structures erected or have them removed by the council at their cost.
The letter was sent to the owner of Aurous Bar (Martin Kasenge) and also copied to Zhang Zhengguo, the proprietor of the building that houses the bar.
In response, however, the bar management went to court and secured an order stopping KCCA and NEMA from interfering with their business.
This has incensed residents, who now have to bear with the noise from the bar until the matter is resolved by court.
KCCA, NEMA comment
Nuweabine said Aurous Bar had installed soundproofing to contain noise. However, documents signed by inspectors, who visited the bar last Saturday (July 4), found it emitting noise beyond the permissible levels.
The inspection report shows that whereas the bar was expected to emit noise not exceeding 35 decibels at night, it was found emitting noise measuring between 62 and 64 decibels at the time of inspection.
Naome Karekaho, NEMA's Corporate Public Relations Officer, said although many licensed bars in Kampala violate environmental laws and guidelines, each case is handled on its own merits.
"I have not yet received feedback from our inspectors, but once a matter is before court, no further action can be taken because it would be regarded as sub judice," she said.
Karekaho stressed that NEMA's enforcement decisions are guided strictly by the law.
Lawyers weigh in
Solomon Ssebbowa, a lawyer at Katende and Company Advocates, said the directives issued by KCCA and NEMA are administrative decisions exercised under their statutory mandates.
He explained that any person aggrieved by such decisions has the right to seek judicial review before the High Court and apply for appropriate remedies, including an injunction.
"They can obtain an injunction to stop the implementation of the administrative decision," Ssebbowa said, adding that once granted, the injunction remains in force until the court determines the case or sets it aside.
Constitutional lawyer Peter Walubiri also noted that courts have powers to suspend enforcement decisions made by regulatory agencies through injunctions. However, he noted that KCCA and NEMA retain the legal authority to suspend or close businesses found to be generating excessive noise.
Ambrose Byaruhanga, the chairperson of Kololo, said he had not yet received official complaints from locals. He challenged them to go to his office and officially complain so that he can take action.