Noise pollution can be defined as extravagant or unwanted noise that cause harmful effects to human health, wildlife and the environment. The pollution is usually generated by many industrial facilities and some workplaces. Other sources of noise pollution are road, railway, airplane traffic and anywhere else where construction activities are taking place.
Other Causes of Noise Pollution in Kenya
Poor urban planning can also lead to noise pollution especially in the residential buildings and their surroundings. The main origin of noise in the residential areas are loud music, lawn care maintenance, transportation (rail, traffic, airplanes, etc.), electrical generators, explosions, construction and people.
This article focuses on the causes of noise pollution and how to report these types of harmful activities in Kenya.
This is What You Should Do If You Want to Report Noise Pollution in Kenya
If your neighbor, church or club is making excessive noise, you have the right to report them to The Environmental Management & Coordination. The management has provided phone contacts and email addresses to report any origin of noise pollution.
Here are the issues that you can report to the Environmental Management & Coordination related to noise pollution: Excess noise from a quarry, a noisy carwash, noise from neighbors, clubs, churches, illegal industries, etc.
This is an example on how to report noise pollution. If you live in a quiet and calm neighborhood and your next-door neighbor frequently has music feasts in his house three days per month. During the festivals, there’s live music performances from different bands and a lot of celebration. While the festivals go on, you’re unable to sleep because of the excessive noise. This is what you should do in case you are fully uncomfortable with your neighbor’s noise pollution.
Everyone has the right to a clean and a healthy environment according to the Constitution Article 42. This means that you need assistance against him and the first step to take is to officially raise a complaint with the traceable committee.
Secondly, file a case about noise disintegration at the High Court. According to the Constitution, Article 70; you can apply to the court to give orders of stopping any activity of pollution. The court can also give orders to reward any victim from the damages suffered as an outcome of the pollution.
The cases are commonly documented at the High Court Level. There’s a precautionary principle that applies; if one strongly suspects that the environment is being harmed by a certain activity. That’s when the approach to diminish the harmful action immediately without hesitation.
The uncontrolled noise that’s harmful to one’s health/environment may include excessive vibrations that intend to disturb people or exceed 0.5cm per second in addition to any property.
The court has to consider of the day when the level of noise pollution is happening; the closeness to residential areas, recurrence and level of noise; and whether you can control the noise.
In addition, you can make a claim for damage made under the tort of offense; because one has unreasonably used their land to harm their neighbors.