Real Deals Limited & 3 Others v Kenya National Highways Authority & Another & another [2015] KEHC 1670 (KLR)
- Court
- High Court of Kenya
- Case number
- 1670
- Citation
- [2015] KEHC 1670 (KLR)
- Decided
- 5 October 2015
The court held that the Kenya National Highways Authority and the Kenya Roads Board do not have the authority to levy charges for outdoor advertising and that the impugned action is not a source of revenue available to the fund.
Facts
Petitioners claim that the Kenya National Highways Authority and the Kenya Roads Board are improperly levying charges for outdoor advertising, infringing on the exclusive power of the Nairobi County Government under Article 186(1) of the Constitution.
Issues
- Whether the Kenya National Highways Authority and the Kenya Roads Board have the authority to levy charges for outdoor advertising.
- Whether the impugned action is a source of revenue available to the fund for development, rehabilitation and maintenance of roads.
Reasoning
The court held that the County Government has exclusive power to levy charges for outdoor advertising, and that the Respondents have not sought to regulate and/or control outdoor advertisement save for seeking to develop their own billboards for outdoor advertisement.
Outcome
The court dismissed the petition and issued orders to quash the impugned actions.
Orders
- Quash the decision by the Respondent to invite tenders for the temporary use of class A, B & C Road reserve land and structures for placement of advertisements.
- Issue a permanent injunction to restrain the Respondent from levying charges.
- Issue a certiorari order to remove into this Court for the purposes of being quashed the entire decision by the Respondent made on 18th December, 2013, inviting bids with a view to entering into a consultancy contract for the design, fabrication, installation, testing and commissioning of billboards.
- Issue a prohibition order prohibiting the Respondents from receiving the funds from the impugned action.
Remedies
- Quash the decision by the Respondent to invite tenders for the temporary use of class A, B & C Road reserve land and structures for placement of advertisements.
- Issue a permanent injunction to restrain the Respondent from levying charges.
- Issue a certiorari order to remove into this Court for the purposes of being quashed the entire decision by the Respondent made on 18th December, 2013, inviting bids with a view to entering into a consultancy contract for the design, fabrication, installation, testing and commissioning of billboards.
- Issue a prohibition order prohibiting the Respondents from receiving the funds from the impugned action.
Authorities cited
Legislation (3)
- County Government Act
- Kenya Roads Act
- Kenya Roads Board Act
Cases cited (1)
- Republic vs. Kenya Revenue Authority Ex Parte Aberdare Freight Services Ltd & 2 Others [2004] 2 KLR 530
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