High Court Judge faults KCCA over noise pollution  

JUSTICE 

KAMPALA - High Court Judge Andrew Bashaija, businessman Bob Kabonero, and Kampala Capital City Authority(KCCA) are locked in a nuisance dispute.

Bashaija claims noise pollution from a restaurant and bar associated with Kabonero, located at Muyenga Minister's Village, is inconveniencing him and his tenants.

"From about October 2019, the respondents upon commencement of their business, have resorted to playing very loud music the whole night, their revelers shout on top of their voices the whole night and disturb the peace of residents," says Bashaija.  

The eatery trades under the business name Green Lounge Bar & Restaurant, under the proprietorship of Ponsiano Kwizera.

Bashaija faults KCCA, purporting that it allowed the eatery to abuse its licence and be disruptive. He says the rental apartments fetch him between $800(for eight apartments) and $1000(for another eight apartments) monthly. 

On January 20, he filed a suit at the civil division of the High Court in Kampala. 

The Judge laments that his tenants at a property worth sh900m, have threatened to vacate the houses, which could deny him monthly income.

"The plaintiff's tenants have put him on great pressure to refund their rental money for the months of January to March 2020, such that they can leave and find some other decent accommodation, as they cannot cope with the nuisance caused by the defendants in a residential area," the court petition states. 

"The plaintiff avers that the defendants customers are fond of dumping dirt, bottles and used condoms all over the place especially outside the plaintiff's(Bashaija) home and the apartments." 

Bashaija claims the area local council officials, have deliberately frustrated his efforts to enable sanity to prevail.

KCCA directorate of legal affairs acknowledgment of receipt of the court summons to file a defence, dated January 28, 2020. 

The law firm representing the other defendants have also acknowledged receipt of the defence summons directive, dated January 28, 2020. 

What the law says on pollution

Section 9 of the National Environment Regulation 2003, (Noise Standards and Control) prescribes that a person shall not emit or cause to be emitted or permit the emission of noise resulting from any act(s) (yelling, laughing, clapping, shouting, pounding, whistling and singing) if that noise is clearly audible at a point of reception or in the neighbourhood for more than two minutes or is within the prohibited time in a residential area or noise control zones.