CLT Petitions NACADA to Crackdown on Rogue Discotheques in Watamu

The Centre for Litigation Trust (CLT) has challenged National Authority for Campaigns Against Alcohol and Drug Abuse (NACADA) to take immediate action against Watamu based  Kioko Enterprises Ltd and Speedy Backyard, formerly Comeback Restaurant, Lounge and Disco for allegedly breaching the Alcoholic Drinks Control Act 2010  as well as violating the rights of residents to clean and healthy environment.

CLT is accusing  the two premises of operating in the vicinity of basic education institutions contrary to the law, as well as being in contempt of a Court of Appeal order issued six years ago barring them from playing loud live music within residential areas and schools in Watamu, Kilifi County.

CLT Executive Director Julius Ogogoh , in a letter dated 5th August, 2026, referred NACADA to the various reports of complaints from the area residents including the most recent one dated 24th June, 2026 , together with the statement of a meeting held by them in relation to loud noise emissions and operations of the premises near residential and schools, which he said are contrary to the Alcoholic Drinks Control Act 2010, and particularly Section 12(1)(c).

The plight of Elisabeth Kurer Heier and Detlef Heier and other concerned residents of Watamu over the matter was brought to the attention of CLT following numerous complaints of inaction by relevant authorities including the County government of Kilifi and NEMA.

"The residents remain concerned that the said premises continue to operate notwithstanding the concerns raised regarding proximity to basic education institutions and the applicable requirements under the Alcohol Drinks Control Act 2010, particularly Section 12(1)(c)" Mr Ogogoh said in the petition addressed to NACADA Chief Executive Officer.

CLT demands that NACADA should confirm receipt and consideration of the residents complaints and reports against the premises; Kioko Enterprises ltd and Speedy's  Backyard.

"The said residents has previously brought these concerns to the attention of the relevant authorities and had sought intervention to ensure compliance with the law. We are therefore writing to formally follow up on the complaints and request that NACADA undertake the necessary investigations and provide substantive response" Says the Executive Director .

The organization further wants NACADA to establish whether the premises and their liquor operations comply with the Alcohol Drinking Control Act, including the requirements relating to their proximity to basic education institutions, and confirm the number and location of schools in the vicinity of the premises and the measurement relied upon by the relevant licensing authorities.

CLT also wants  NACADA sto confirm  within 14 days,  whether they have made any recommendations , communicated with the County Government of Kilifi,  or taken any other regulatory action arising from the complaints previously lodged by Watamu residents.

Earlier, the residents of Watamu through Elisabeth Heier and Detlef Heier, had in 2020, sued the two premises for playing loud music which resulted to noise emissions hence violation of their rights to clean and healthy environment.

The residents won the appeal they lodged against a decision of the trial Court which had dismissed their amended petition,where they claimed that despite their complaints against owners of the premises , no remedial action was taken, which had led to a violation of their right to clean and healthy environment as quaranteed by Article 42 of the Constitution.

In his judgement dated 22nd May, 2020,  Justice Musinga of the Court of Appeal in Mombasa directed the premises to ensure full compliance with the Environment and Management Coordination Act, and the Environment and Management Coordination (Noise and Excessive Vibration Pollution)(Control) Regulations for the elimination of all loud noise emissions from the Comeback Restaurant, Lounge and Disco currently Speedy Backyard.

The Watamu  residents  however, remain worried that six years down the line, no action has been taken even after lodging further complaints and reports with NACADA concerning the unlawful operations of the said premises.

They  complained  that from as far as 1998, the premises were responsible for emission of loud noise pollution and breach of the Alcoholic Drinks Control Act

Meanwhile, the Centre for Litigation Trust  Director has demanded that where non compliance is established in the complaints raised by the residents , NACADA should take appropriate statutory and administrative actions to ensure compliance with the Alcoholic Drinks Control Act 2010.