Models carry the board announcing the launch of Nairobi News at the Sankara Hotel Monday November, 2013 evening. PHOTO/DENNISH OCHIENG'
NATION MEDIA GROUP
By Eunice Machuhi, emachuhi@ke.nationmedia.com
The High Court in Mombasa has allowed outdoor
advertisers to commence contempt proceedings against the Mombasa County
for disobeying a court order.
The Outdoor Advertising Association of Kenya moved
to court two days after some of their billboards and other advertising
signages were pulled down by hired goons despite a court order
restraining the destruction.
The advertisers, through their lawyer Nelson Havi,
also sought for leave to have the acting county secretary, Ms Rose
Ngowa, and the county executive in charge of environment, Ms Fatuma
Awale, committed to prison for allegedly issuing the destruction orders.
In addition, they want the court to direct the
County Police Commander to offer protection against any removal or
destruction of advertising signages, structures and devices pending the
hearing of the case.
The advertisers said that the county went against a
court order issued last October where the court suspended removal of
billboards.
Last November the county government served one of
the advertisers, Magnate Ventures Limited, with a notice demanding
payment of advertising fee arrears of Sh35 million and directed the
removal of its advertising devices by December 13, 2013 failing which
the county would remove them.
The advertisers claimed that between January 2 and
4 the county removed and destroyed several advertising devices and
orchestrated the release of several individuals arrested, and vehicles
impounded, by the police.
Laura Kenyani, the legal officer of the
advertising association, said that the demand for payment was made
despite the fact that there were no advertising fee arrears.
Six of Magnate Ventures Limited’s billboards were destroyed.
“The removal and destruction was undertaken... on
the command of Philip Kenya and Hakim Haji, employees of the respondent
and on the instructions of Rose Ngowa and Fatuma Awale,” Ms Kenyani
said.
She added that a complaint was made to Makupa Police Station and the County Police Commander on January 4.
“The commander indicated that he will assist in
the implementation of the order only if directed by the court and in the
circumstances all the individuals who had been arrested on several
sites while undertaking the removal and destruction of advertising
devices were released,” she said.
The case will be heard on January 15.
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