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ENVIRONMENT

NMRA is committed to keeping the environment we all live in quiet clean and serene.

The environment we all share in our neighbourhood is central to our wellbeing and NMRA is committed to keeping it clean, pollutant free and quiet. Kenya has many laws in place to regulate these areas particularly air and noise pollution. NMRA will take steps to have these laws enforced should they be breached, either by residents or others.

 

AIR POLLUTION

Responding to a Global Urban Initiative of the World Health OrganizationIn 2017, local and international media highlighted alarming air quality in Nairobi, with par- ticulate pollution levels reported to be 70% above the World Health Organization’s (WHO) recommended safe limit. These warnings were stark.

They highlighted several areas of concern but one stood out above all others: Smoke and burning.

Smoke is a well-known source of particulate matter and toxic gases. These parti- cles lodge in our lungs, impairing lung function over time. Even short-term or low- level exposure can lead to serious respiratory and cardiovascular conditions. Children are especially vulnerable. These forms of burning are common:

Shamba bonfires – Garden fires visible across the city

Rubbish fires – Often seen along roadsides and in gardens

Ideally, we should avoid burning altogether. Whenever we detect the smell of smoke, we are inhaling hazardous particulate matter and gases.

Kenyan law prohibits air pollution, and the “polluter pays” principle applies. An “air pollutant” is legally defined as any fume, particulate, gas, vapor, or odorous substance.

In response to public complaints, cigarette smoking in public spaces was banned years ago. Nairobi’s 1959 city bylaw also prohibited indiscriminate fires in resi- dential areas. Yet today, that law is largely ignored, and biomass burning has intensified.

NMRA calls on all residents to adhere to the law and :

Eliminate smoky garden fires. Instead, compost all organic waste. Cut branches into mulch or stack them to decompose naturally. Burning destroys soil health, harms biodiversity, and degrades your garden’s ecosystem.

Switch to solar water heating a clean– sustainable alternative.

Never burn rubbish. Burning waste, especially plastic, releases toxic fumes. Use recycling centers or certified waste collectors.

 

NOISE POLLUTION

Kenyan law makes a distinction between ‘Disturbing Noise’ – which is “objective and is defined as a scientifically measurable noise level,” and ‘Noise Nuisance,’ which is “a subjective measure and is defined as any noise that disturbs or impairs or may disturb or impair the convenience or peace of any person.”

The Constitution of Kenya through the Environmental Management and Coordination Act, 1999: entitles every person in Kenya “to a clean and healthy environment”. Laws, primarily NEMA’s Legal Notice No. 61, have been created to establish noise standards and prohibit excessive noise levels and government agencies have been empowered to hold accountable those breaking the law by issuing warnings, fines and eventually a withdrawal of licenses to operate.

In August of 2021, Nairobi County also enacted the Nairobi City County Public Nuisance Bill which makes it illegal to play loud music or cause noise pollution.

NMRA suggests that all residents take the following steps in the event a noise disturbance:

1. Request the offender to reduce the noise.

2. Contact your NMRA Street Rep who will pass it on the main committee for further action. Your street rep will be listed in your members account along with relevant contacts.

3. Keep a record every time you have a disturbance – this forms part of the paper trail for follow up.

4. Take a recording of the decibel level at your property – and proof, if possible, of where the noise is emanating from which may mean visiting the offender to establish the facts. There are many free decibel apps, in the APP Store. If you have a decibel counter, measure the noise and screenshot the reading. Alternatively try taking a video with sound on your phone.

5. If your neighbours are also being bothered by the noise, ask them to join your complaint; this will add more weight.

All events that will breach the noise levels set out in the laws are required to be licenced by the local police station. All these events must be approved by NMRA prior to police approval being issued and an official approval letter obtained from the main committee.

About

The New Muthaiga Residents Association is dedicated to maintaining the integrity and beauty of the New Muthaiga Estate in Nairobi. We strive to foster a strong sense of community among residents, ensuring a safe and vibrant environment for all.

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