For years, Kololo maintained a status as one of the best residential areas in our lovely city, Kampala. Most diplomats have their residences in Kololo, which is actually zoned as residential. For many of us who have invested in Kololo to improve our homes and provide diplomatic missions with accommodation, we are appalled at the contradictory practices of officials at Kampala Capital City Authority (KCCA) who brazenly continue to breach their own rules and regulations by allowing noisy bars and nightclubs which play loud music up to 5.30am.
For the past few years, there has been an increase in the number of nightclubs/bars within the area of Kololo as more residential properties are being illegally converted into commercial properties. It is alleged that the city, though there is no documentary evidence as such, was rezoned for light commercial purposes. In any case, light commercial purposes would include dentist clinics, pharmacies, law firms or a doctor’s clinic and not loud noisy bars that play music until 5.30am!
The illegal mushrooming of these nightclubs/bars, many of them without a license and or permits, has caused great disruption not only for the residents, many of whom are diplomats and ambassadors, but also for hotels, apartments and hospitals that have patients and guests.
The Landlord and Tenant Act Cap 238 stipulates that a tenant shall not use their premises in a manner that causes a nuisance or interferes with the reasonable peace, comfort or privacy of the occupier of the neighbouring premises. The National Environment (Noise Standards and Control) Regulations, 2003, define noise as any unwanted or annoying sound that is intrinsically objectionable to human beings, or likely to have an adverse effect on human health or the environment. The activities of these nightclubs/bars undoubtedly fall within the scope of noise and noise pollution as defined by the regulations.
Majority of the residents, some of whom have been residing in Kololo for about 50 years, have a right to enjoy quiet possession of their homes, which is a covenant in their leases and freehold titles and also a stipulation in KCCA by-laws. Unfortunately, the same government institutions tasked with enforcing them are breaching their duty and their own covenants. As you may be aware, deprivation of sleep is serious as it leads to increase in levels of blood pressure and subsequently can lead to stroke or heart conditions.
It is in light of the above humble submissions the residents of Kololo are humbly requesting for your intervention to resolve this problem, which continues to become worse every day. They are allowed to operate despite assurances from KCCA that many of these are actually operating without the appropriate license or permits and also that they would halt the issuance of any further licenses and permits to new nightclubs/bars in Kololo, and close down the ones illegally operating in breach of the noise nuisance regulations.
KCCA and Nema both have enforcement regulations but they have been reluctant to implement, with some officials claiming that when they try to enforce the regulations, they get ‘calls from above’ ordering them not to interfere. A new church gathers at Naguru Hill and has very loud open air music and sermons during their services, some of which end late at night. The residents of Kololo, therefore, humbly request the government to urgently close these bars and those that are willing to comply with shutting down noise at midnight, to completely sound proof their premises. Our humble request to His Excellency the President of Uganda is to give an executive order shutting these places down as the level of noise is now at an unbearable level.