A Dandora resident has lost his case against a church he accused of subjecting his family and neighbours to excessive noise, after a Nairobi court found that he had failed to provide evidence proving the allegations.
George Wachira had sued Pastor Benson Nyawira, the managing minister of Word and Faith Holy Ministries, Nairobi City County and the National Environment Management Authority (Nema), claiming that activities at the church were making life unbearable for him, his family and tenants.
“In the absence of any evidence in support of the petition, the Court is unable to conclude that the noise is excessive and/or that the Petitioner's rights have been violated,” the court ruled.
The Milimani Law Courts in Nairobi.
Photo credit: File | Nation Media Group
Mr Wachira told the court that he and his family had lived in Dandora for decades and enjoyed the quiet surroundings of the neighbourhood.
He claimed that the church, located about 10 metres from his building at Mawega Court, operated without soundproofing and produced excessive noise, particularly during Sunday services.
According to his case, the noise affected his family’s sleep and health and interfered with their enjoyment of their property.
He also claimed that some of his tenants had left the building because of the disturbance, resulting in financial losses.
Mr Wachira further complained about music played at the church, which he said contained vulgar and offensive content that could affect children’s morals and upbringing.
He wanted the court to stop the church from emitting noise beyond its premises and award him damages over what he described as violations of his rights.
But Pastor Nyawira denied the allegations, saying the church was a lawful place of worship whose services were conducted peacefully.
He said the church mainly held services on Sundays, with occasional weekday prayers and fellowship sessions, noting that they used modest sound equipment mainly to ensure that worshippers inside the premises could hear the preaching.
He also denied that the church played obscene or offensive music, saying it used gospel songs and sermons based on Christian teachings, moral values, discipline and peaceful coexistence.
Pastor Nyawira also disputed Mr Wachira’s claim that he had suffered financial losses, saying no tenancy agreements, termination notices or valuation reports had been produced to demonstrate that tenants had left because of the church’s activities.
The church further argued that it had never received an enforcement notice or warning from any regulatory authority over noise pollution.
In a judgement delivered on September 10, 2026, Environment and Land Court Judge J G Kemei dismissed the petition with costs.
Judge Kemei said the dispute raised an important question about the evidence required when a person complains about noise pollution.
The judge noted that Mr Wachira had complained to Nema about the noise from the neighbouring church. Nema had acknowledged that the complaint fell within its mandate and referred it to the Nairobi County Government, which is responsible for dealing with noise pollution within the county.
However, the judge noted that Mr Wachira did not tell the court what action followed after the complaint was referred to the relevant authorities.
More importantly, the court found that he had not produced a noise assessment report from Nema or the relevant county authority. He also did not call an expert witness to testify about the level of noise produced by the church.
The court also found that there was no evidence showing that tenants had actually left Mr Wachira’s building because of the alleged noise.
“There is no evidence that his tenants vacated the building, nor any evidence of any tenants and/or termination agreements,” the judge said.
The court nevertheless made clear that people complaining about noise pollution have avenues for seeking help.
It said a complaint should be made in writing to the relevant environmental authorities and should provide details of the affected premises, the nature of the noise, when it occurs and its frequency and duration.
The court said supporting material could include a noise diary, recordings, photographs, witness statements, correspondence and an expert noise assessment report.
Authorities can then inspect the premises and, where necessary, issue notices requiring the problem to be addressed.
The court also said closure of premises could be considered in appropriate circumstances, although it should be treated as a last resort.
Judge Kemei rejected the church’s preliminary objection challenging the case, finding that the petition had properly identified the rights Mr Wachira claimed had been violated.
The judge said the Constitution guarantees every person the right to a clean and healthy environment.
However, establishing that right had been violated required evidence capable of supporting the allegations.
