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Clinic sues Sarit Centre for noisy renovations

A clinic at Sarit Centre in Westlands has sued the mall’s owners for carrying out renovations during the day.

The suit by Laser Eye Clinic could put several landlords and developers on their toes over construction works near other businesses.

The renovations Sarit Centre has been carrying out following a fire on May 4, have not sat well with one of its tenants, who now wants the mall compelled to do the work after 8pm.

EXPANSION PLAN

The clinic also wants the noisy works on a new block, which is part of Sarit’s expansion plan, done after 8pm.

Sarit Centre, however, insists that while renewing leases, it added a clause that allowed it to do renovations or construction at any time the mall deems fit, regardless of whether the works will cause “offensive or disagreeable noise”, or interfere with tenants’ access to light or air.

The suit could affect developers and contractors, as Justice Elijah Obaga’s decision could serve as a precedence in similar scenarios around Nairobi.

Ngong Road, Upper Hill, Westlands and the CBD have several constructions that involve loud drilling and hammering, some near hospitals, schools and other silent zones.

RETURN TO SHOPS

One of the mall’s directors, Mr Sarit Shah, apart from denying any breach of the legally set 60 decibels for silent zones, also argues that the works need to be done to allow tenants affected by the fire to return to their shops.

Clinic director and surgeon Mukesh Joshi, however, says sound levels at its theatre go as high as 90.8 decibels and 94.5 decibels at the examination room.

Justice Obaga will on November 22 decide whether or not to temporarily order for noisy construction to only occur after 8pm.