Court Approves KeNHA’s Authority to Remove Billboards

The Kenya National Highways Authority (KeNHA) has been given the legal authority by the court to take down any billboards that were put up on road reserves without obtaining approval from the Director General.

According to the ruling from the Court of Appeal, anyone wishing to erect a billboard on road reserves or along highways must first receive approval from the Director General as specified in section 49 of the Kenya Roads Act. The judges, Hannah Okwengu, John Mativo, and Mwaniki Gachoka declared that the use of the word “may” in section 49 (1) is mandatory and must be followed.

The decision was made by the judges in an appeal case submitted by KeNHA and against Tangerine Investments Ltd. The company had previously won the case against KeNHA after the authority took down its billboards located on both sides of the Southern bypass interchange bridge on Mombasa Road and some along the Thika highway.

The removal of the billboards took place in March 2016.

“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 lands 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.

However, the advertising company claimed that it followed all the necessary laws and regulations, including paying all required fees.