Kenya National Highways Authority (KeNHA) has received the court’s backing to remove billboards erected on road reserves without approval from its Director General.
The Court of Appeal said in a ruling that anyone seeking to erect billboards on road reserves or along the highways should seek approval from the Director General as required by section 49 of the Kenya Roads Act.
Justices Hannah Okwengu, John Mativo and Mwaniki Gachoka said the use of the word “may” in section 49 (1) is mandatory.
The judges made the decision in an appeal filed by KeNHA in a case pitting the authority and Tangerine Investments Ltd.
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.
The billboards were destroyed 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 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.
