The new noise pollution regulations have opened a new revenue stream for the government, which has started issuing permits for use of loudspeakers at weddings, funerals and other social activities.
Party organisers are having to pay Sh2, 200 to be allowed to enjoy loud music and use voice projection equipment. Those flouting the regulations face up to 18 months in jail or a fine not exceeding Sh350,000.
During the festive month of December alone, the government earned more than Sh2 million from about 1,000 licences given to parties and road show organisers under the new Environmental Management and Coordination (Noise and Excessive Vibration pollution) Control Regulations 2009, which prohibit loud noise in public.
The new revenue source could help the government meet its expanding expenditures captured in the Sh860 billion budget announced in June 2009.
Revenue is likely to continue streaming in since most businesses and worship centres are yet to implement the low noise levels required by the law Entertainment joints, pubs and worship centres have been slow to react to the laws, forcing the environment regulator — the National Environmental Management Authority (Nema) — to extend the deadline for installing sound-proof materials by six months.
Faith-based organisations have vowed to ignore the new laws, which they say infringe on people’s freedom of worship.
Although there are glaring challenges such as inadequate enforcement agents and noise measuring equipment, Nema says the laws won’t be relaxed.
The regulator is boasting of having controlled excessive noise from business premises, public transport and private homes by arresting 21 culprits whose court cases are likely to start in February.
Two other people have paid a fine of Sh100,000 each after pleading guilty to charges of flouting the laws, which came into effect in December.
“The new laws are not intended at crippling businesses, they are meant to improve the business environment since we cannot transact business under chaotic conditions” said Mr Benjamin Langwen, the director of Compliance and Enforcement at Nema.
The rules are aimed at reducing nuisance caused by excessive noise. They bar noise from private homes and business premises of above 65 decibels during the day and 35 decibels during the night.
Analysts, however, say cases relating to noise or environmental offences could drag on in the courts because the regulator will rely on police officers to investigate cases before charges are preferred against the suspects.
The police department is already overwhelmed by other cases and the new regulation is creating a new set of offences which need special prosecutors to handle, says Mr Steven Mutoro, the CEO of the Kenya Alliance of Residents Associations. Mr Mutoro says the police department and Nema have not put in place the right equipment to test noise levels and that adducing evidence in courts was likely to be difficult.
“Despite the hype around the new regulations, public expectations have not been met. We have not heard of any convictions since the laws came into place in December. The laws are likely to fail because there are no noise metres and enforcement agents. This will only give the police an avenue to extort money from the public,” says Mr Mutoro. Nema is mandated to work with lead agencies including law enforcing agencies to implement the regulations, especially in prosecution and the enforcement of stop orders.
Prime Minister Raila Odinga has said the regulations would not infringe on religious freedom and that preachers should be allowed to continue using public address systems in their churches.
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