New law to silence noise makers

Street preachers, touts and those who promote or sell anything by shouting are some of the people put on notice by a new environmental regulation set to come into force on Sunday.

Intended to control noise pollution, the Noise and Excessive Vibration Pollution (Control) Regulations, 2009, will ensure that no one makes any loud and unreasonable noise that disturbs or endangers the comfort and safety of others and the environment.

The rule applies to individuals, firms and organisations carrying out activities that produce noise and excessive vibration within a town’s central business district, a residential area, a silent zone, or any other area declared a silent zone.

The law, however, stipulates maximum permissible noise levels for construction sites, mines and quarries, among other areas known to be producers if noise, said Mr Robert Orina, the chief enforcement officer at the National Environmental Management Authority (Nema).

Those who intend to emit noise will be required to inform the community to be affected of the intention to make noise and the purpose before applying for a licence from Nema.

The application for the licence or permit to make noise will be obtained at a fee and restricted to a specified period.

“It is however not automatic that you will get the licence or permit. You will have to justify why you have to make the noise so let nobody ask for permission to make noise for the sake of asking.

“We also urge the municipal councils to zone their areas appropriately such that for instance Jua Kali centres are not located near hospitals and other areas considered silent zones. We also appeal to the lead agencies to have the measuring gadgets to be used to ensure that everybody follows the law,” said Mr Orina.

Exceptions to rule

However, there are several exceptions to the rule, including noise for the purpose of alerting people to an emergency or performance of emergency response.

Others are noise in connection with protection of health and safety of residents or their property during emergencies, warning devices such as police, fire and ambulance sirens, train horns as well as parades and national celebrations.

Mr Orina was speaking at a Kisumu hotel on Wednesday when a Nema team held meetings on environmental conservation.