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JudgmentEAGLE PALACE HOTEL VS County Government of Nakuru AND CHILIS TAVERN LTD2 min read

EAGLE PALACE HOTEL VS County Government of Nakuru AND CHILIS TAVERN LTD

Environment and Land Court at Nakuru Environment and Land Court · · Antony O. Ombwayo

The plaintiff, Eagle palace Hotel has come to this court  vide application dated 30th October 2024 seeking orders that this application does order that the 1st defendant does present to the court within a specific timeline the  environment assessment study or report conducted in respect of the club or discotheque operating within Nakuru town. Moreover that the court to direct the 2nd defendant to present before it within a specific timeline , the environmental impact assessment report or study it holds in respect of its club.

The applicant further prays that the 1st defendant to present before this court within  a specified time frame the mitigation measures it has put in place or it has installed in its club to minimize the noise pollution emanating from the discotheque. The plaintiff further seeks from this court an order directing the 2nd  defendant to present to the court within a timeline to be specified, the licensing conditions it issued to the 1st defendant in exercise of of its regulatory mandate under the law.

The plaintiff further seeks orders  that this court directs the 2nd  defendant to undertake an audit of the 1st defendants discotheque and table before this honourable court within a specified time , the status report of the 1st defendants compliance  with Law.  The application is supported by the affidavit of Ibrahim Osman , the director of the plaintiff .

The application is not opposed and therefore i grant the same as prayed thus:-

1-I do grant an order that  the 1st defendant does present to the court within 15 DAYS the  environment assessment study or report conducted in respect of the club or discotheque operating within Nakuru town.

2-Moreover I do direct the 2nd defendant to present before this court within 15 DAYS , the environmental impact assessment report or study it holds in respect of its club.

3- Further I do order that the 1st defendant to present before this court within  15  DAYS the mitigation measures it has put in place or it has installed in its club to minimize the noise  emanating from the discotheque.

3-TI do grant an order directing the 2nd  defendant to present to the court within 15 DAYS the licensing conditions it issued to the 1st defendant in exercise of of its regulatory mandate under the law.

4-Lastly, i do direct that  the 2nd  defendant to undertake an audit of the 1st defendants discotheque and table before this honourable court within a period of 15 days , the status report of the 1st defendants compliance  with Law. Costs of the application in the cause.