My neighbour's noise, smoke or smell is disturbing me: what the law says
National Environment Management Authority and county governments · sources read 5 Oct 2026
Nobody may make loud, unreasonable noise that disturbs others, and the law treats offensive smells and noise as pollution. Report party, club or church noise and waste burning to your county government, report factory noise or emissions to NEMA, or go to the Environment and Land Court to stop it and claim compensation.
- Deadline
- A claim for compensation in tort, such as nuisance, must be filed within 3 years of when the harm started.
- Where
- Your county government office (party, club, church and matatu noise; waste burning), NEMA on 0786 101 100 or incidence@nema.go.ke (factory noise and emissions), or the Environment and Land Court.
Steps
- For noise from a house party, club, church, mosque or matatu, report to your nearest county government office.
- If your neighbour is burning waste in their compound, report it to your county government. Open burning of waste is illegal.
- For noise, vibration or smoke from a factory or industry, call NEMA on 0786 101 100, email incidence@nema.go.ke, or contact the NEMA County Director of Environment.
- You can also complain to the National Environmental Complaints Committee, which investigates complaints against any person about the environment.
- You can apply to the Environment and Land Court, which can order the harmful activity to stop. The court can also order compensation for victims of pollution.
- Where no specific law covers the problem, you can sue the neighbour in nuisance, a common-law claim, asking the court to order them to stop and to pay damages. Kenyan courts apply the common law where written law does not reach.
Watch out
- Not all noise is unlawful. It depends on things like the time of day, closeness to homes, how often it happens, how loud it is and whether it could easily be controlled.
- For loud music in a home, any adult who lives there can be held responsible, not just the owner.
- In an environmental case you do not have to prove you personally suffered loss, as long as the case is not frivolous or an abuse of court.
- Under the Public Health Act, offensive smells or fumes from a factory or business, chimney smoke that is offensive or harmful, and filthy premises are nuisances. Report them to the county public health office (medical officer of health).
- Nobody may cause a nuisance or let one exist on land or premises they own, occupy or manage.
Who this covers
- Everyone in Kenya. Every person is entitled to a clean and healthy environment.
- The noise rule protects anyone whose comfort, rest, health or safety is disturbed by loud, unreasonable noise.
Official sources (6)
- Environmental Management and Co-ordination Act (Cap. 387) new.kenyalaw.org · read 3 Oct 2026
- Environmental Management and Co-ordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 (L.N. 61 of 2009) nema.go.ke · read 3 Oct 2026
- Frequently asked questions on incidents management nema.go.ke · read 3 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
- Public Health Act (Cap. 242) new.kenyalaw.org · read 4 Oct 2026
- Judicature Act (Cap. 8) new.kenyalaw.org · read 5 Oct 2026