The court has allowed the Kenya National Highways Authority (KeNHA) to remove billboards put up on road reserves without approval from its Director General.
In a ruling by the Court of Appeal, anyone seeking to put up billboards on road reserves or along the highways should seek approval from Kenha Director General Kungu Ndung’u.
Justices Hannah Okwengu, John Mativo and Mwaniki Gachoka made the decision in an appeal filed by KeNHA in a case pitting the authority and Tangerine Investments Ltd.
“The respondent before us never complied with sections 49 of the Act, a statutory edict which prohibits the erection of structures and other works on, over, and below roads or certain other land except as provided under sub-section (2) of the said provision, which vests the appellant with the discretion, to give or refuse to give permission under the said section,” the judges said.
The company had won the case against KeNHA after the authority destroyed its billboards placed on both sides of the Southern bypass interchange bridge along Mombasa Road and others on Thika highway in March 2016.
The advertising firm, on the other hand, stated that it met all statutory and regulatory requirements, including payment of all required fees.
