Ad agency wants highways authority KeNHA to pay Sh29m over felled billboards

An advertising agency is seeking over Sh29 million in compensation for losses suffered after the Kenya National Highway Authority (KeNHA) allegedly destroyed its billboards on Mombasa Road, Nairobi.

Adsite Limited is seeking Sh11.2 million as cost of fabricating, installation and replacing the two doubled-sided billboards allegedly destroyed by KeNHA.

It also wants the State agency ordered to pay Sh17.6 million as lost revenue for 24 months for the said destroyed billboard structures at the Airtel Headquarters-Likoni Road intersection.

The agency is further asking the court to find and declare the respondent’s action was unlawful and unconstitutional.

Violation of rights

It is also seeking a declaration that KeNHA violated her rights under articles 40 and 47 of the Constitution in “destroying” the billboard structure.

It wants KeNHA compelled to supervise and facilitate erection of the remaining nine billboards it had approved July 7 last year in Isiolo, Samburu and Nairobi counties.

It is also seeking permanent injunction against the respondent, restraining it from destroying, cutting down, or removing any of its billboard structures pursuant to the approval of July 7, 2017.

In its pleadings filed at the High Court, the agency alleged that the country’s highway management authority approved the construction of billboards only to destroy it without any written notice.

In support of the application and petition, Adsite Limited, through its general manager Samir Shah, stated that on June 5 last year, it applied to erect billboard structures on the various locations on road reserves under KeNHA's management.

Mr Shah added that two days later, the agency approved the application allowing it to establish 10 billboards in Isiolo, Samburu and several locations within Nairobi.

No prior notice

The Adsite general manager indicated that among the 10 billboards include one measuring 12m by 10m erected on September 25 last year along Mombasa Road at Airtel- Likoni Road intersection.

He alleged that on October 4, the agency sent its agents to bring the said billboard reportedly erected at a cost of Sh5.6 million at midnight without any written prior notice as required under Section 49(4) of the Kenya Roads Act.

He said two days later “KeNHA agents” were arrested at midnight by police officers from Industrial Area while carting away the felled billboard in a truck allegedly hired by the agency.

Adsite Limited stated that it was forced to erect another billboard within the same area at a similar cost of Sh5.6 million to accommodate a client’s advertisement.

It claimed that two days later, KeNHA allegedly sent its agents to unliterary, illegally, and maliciously cut down that second billboard and poured permanent concrete on the base.

Adsite has accused KeNHA of refusing to supervise and facilitate the erection of the remaining nine billboards in Isiolo, Samburu and Nairobi counties due to the standoff between them.