The Environment and Land Court in Nairobi has issued an arrest warrant against Mr. Maurice Asira, the Director of Taks & M Habanos Chill & Grill Limited, trading as Habanos Lounge, for contempt of court following allegations of continued violation of noise pollution laws in the Ridgeways residential area.
The ruling, delivered virtually by Justice Charles Mbogo, found the lounge and its director in breach of court orders issued on October 17, 2024, that had restrained six establishments from playing loud music or emitting noise beyond permissible levels as stipulated under the Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Regulations, 2009.
“It is clear that the 1st respondent(Asira the owner of the club) undermines the authority of this court,” ruled Justice Mbogo.
“When such conduct is brought before the court, it must be dealt with firmly to prevent repetition. The court’s orders are not suggestions, they must be obeyed.”
The case was filed by the Garden & Ridgeways Residents Association (GARRA), citing persistent disturbance from nearby commercial entertainment establishments, including Habanos Lounge.
The association sought redress under constitutional provisions and environmental protection laws.
In their application dated April 7, 2025, the residents asked the court to find Mr. Asira and his company in contempt, arguing that despite being served with court orders and having legal representation during the issuance, the lounge continued to play loud music at night in a residential area.
According to an affidavit by Mary Ann Wariithi, chairperson of GARRA, Habanos Lounge was fully aware of the order, having been served through counsel and official correspondence dated October 30, 2024.
“The 1st respondent has shown no regard for the rights of residents or for the authority of the court. Their actions are deliberate and amount to impunity,” Wariithi stated in her affidavit.
An additional affidavit by Almir Jose Rebeiro De Sousa, a pollution expert and resident, supported the claims with evidence showing noise levels from the lounge exceeded the legal nighttime limit of 35 decibels.
Notably, the 1st respondent — Habanos Lounge — did not file any response or written submissions, a fact the court emphasized in its determination.
“The allegations have gone unanswered,” the judge noted.
“The petitioner’s position has been corroborated with evidence and stands unchallenged. It is apparent the 1st respondent is in contempt.”
The judge further cited Order 40 Rule 3(1) of the Civil Procedure Rules, Section 63(c) of the Civil Procedure Act, and Section 29 of the Environment and Land Court Act, all of which provide for penalties including imprisonment, fines, or both for parties found guilty of contempt.
In April of this year, the National Environment Management Authority (NEMA) ordered the closure of Habanos Lounge following complaints about the club’s uncontrolled noise.
A month later in May, another closure directive was issued to the party spot, still over noise, but the entertainment joint has remained fully operational despite the two directives.
The noise pollution case rose from complaints filed by residents near the facility, who accused the entertainment joint of persistently blasting music above permissible limits despite a restraining order issued on October 17, 2024.
In the final orders, Justice Mbogo directed that: “Mr. Maurice Asira be arrested and arraigned before this court on October 22, 2025, to show cause why he should not be committed to civil jail or otherwise penalized for contempt of court.”
While the application sought jail terms and fines, the judge held that the matter of penalty would be determined after Asira is given a chance to explain himself in court.
The petition involves several popular establishments in the Ridgeways and Garden Estate areas, including The Vineyard, Bar Next Door, DNM Events, Maline Gardens, and Purpose Centre Church Ruach Tabernacle.
Residents have accused the businesses of operating without proper noise control measures, disrupting peace in what is predominantly a residential neighborhood.
The suit also named the Nairobi City County Government and the National Environment Management Authority (NEMA) as respondents for allegedly failing to enforce environmental compliance standards.
In their submissions, the petitioner association argued that: “Unless this court asserts its authority, these establishments will continue flouting the law. Compliance must not be optional.”
Asira is expected to be produced in court next month, where he will be required to respond to the contempt accusations.
If found guilty, he could face up to six months in jail, a monetary fine, or both.
Habanos Lounge could also face corporate penalties under environmental law.
