How to Take Legal Action Against Noisy Neighbours

Kenyan courts are increasingly being asked to determine how far individual rights extend when noise from private or public activities disrupts the peace of others.

Chapter Four of the Constitution sets out the rights commonly invoked in such cases. Article 22 allows any person to seek the court’s protection when their well-being is at risk, while Article 31 safeguards privacy within one’s home. These rights, however, are not absolute. Article 24 permits their limitation when necessary to prevent one person’s freedoms from infringing on another’s.

Noise is now widely recognised as an environmental concern rather than a minor inconvenience. Article 42 guarantees the right to a clean and healthy environment, and Article 43 reinforces this by affirming the right to adequate housing and acceptable living conditions. Excessive noise can undermine both rights by disturbing communities and diminishing shared environmental benefits.

The Environmental Management and Coordination Act (EMCA) and the 2009 Noise and Excessive Vibration Pollution Control Regulations provide the legal foundation for handling complaints. Regulation 3 defines noise as any unwanted sound that may harm health or the environment, and bars the creation of loud, unreasonable or unnecessary disturbances. 

Under Regulation 3(2), authorities assessing a complaint must consider factors such as time, distance from homes, frequency, and whether the sound is mechanically or electronically amplified. These principles were recently highlighted by Justice Christopher Nzili in Ekutan & 6 others v. Jasto Mwiti (“Sizzler”), Case E001 of 2025 at the Kitale Environment and Land Court. 

The court outlined the available constitutional and statutory options for residents affected by persistent noise. Individuals are encouraged to address the issue with those responsible before taking formal action. If this fails, complaints may be filed with the National Environment Management Authority (Nema) or with the relevant county executive. 

A court petition should follow only after these administrative channels have been exhausted. When a matter reaches court, judges rely on technical assessments, as required by Regulations 5 and 6, to determine whether the noise was justified or could reasonably have been avoided.

Concerns often escalate during election periods, when loudspeakers used by campaign teams become a common feature in residential and urban areas. Although political expression is protected, it must be balanced against the rights of residents to quiet enjoyment of their homes.