A lecturer at Moi University Prof Jonah Kindiki has won a case against a church over noise pollution at his rural home in Meru county.
The Environment and Land Court issued the order stopping Christian Foundation Fellowship Mpakone church in Meru county from making noise saying that actions or inactions by the church resulted in excessive emissions that violated Kindiki’s and his family’s right to clean and healthy environment as envisioned in the Constitution.
In a ruling, Justice Christopher Nzili ordered the National Environment Management Authority of Kenya and the OCS Meru to enforce the law to ensure there is no unreasonable noise and vibration from the Church led by Godfrey Karumba alias Mutwiri that may interfere with the comfort, repose, health or safety of members of the public.
“I find the application by the lecturer merited. I hereby issue an order restraining the church and Karumba from emitting the excessive loud noise during evening hours and at night and early morning hours on weekdays, Saturdays and Sundays which has adversely affected the petitioner (Kindiki) and his family pending hearing and determination of this application and the petition,” Justice Nzili directed.
The interim orders by the court came after Kindiki sued the church for playing very loud music in their church which exceeds the limits of the law from Monday to Sunday, which has adversely affected him and his family. Kindiki told the judge that he is unable to hold virtual classes or meetings from his house, especially during the evening, night and early morning hours.
“I have been a resident of the Kaaga area for 23 years where I have lived in peace until 2021 when the Christian Foundation Fellowship church started operating there creating discomfort, a lack of peace due to excessive noise, out of its high voltage preaching, loud music and intercessory sessions,” the lecturer said.
The church through Karumba opposed the suit saying that it is full of falsehood and half-truths.