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{
    "id": 620234,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/620234/?format=api",
    "text_counter": 395,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Mr. Temporary Speaker, Sir, allow me to congratulate you on the assumption of that Chair. You indicated that this is your third day on that Chair, but this is the first time that I am catching your eye. I am, therefore, proud to be speaking under your direction. I support this Bill, and I would like to make some very brief comments because the Senate Minority Leader and the other Senators who have spoken before me have done justice to this Bill. They have even brought perspectives that I had not seen previously. It is clear that outdoor advertising as per the Constitution is the responsibility of counties. The drafters of our Constitution, some of whom sit in this House, when assigning outdoor advertising to counties---, it is quite interesting that they listed a number of things – pollution - then they said other public nuisances including outdoor advertising. I do not know whether at that point there was a feeling that outdoor advertising was nuisance yet this is a huge revenue generating opportunity. Mr. Temporary Speaker, Sir, if you look at the Constitution, you will see very clearly that outdoor advertising is assigned after other public nuisances and pollution. It is important that we stop looking at outdoor advertising as a public nuisance, but as an indicator of economic growth. There are certain socialist countries - if you go there, you find virtually no advertising. When we visited Cuba with the Committee on Agriculture, Livestock and Fisheries, it was refreshing to drive in a city without billboards and outdoor advertising. However, it tells you something about the economic growth and pace of a country. When you come back to Kenya, you land at JKIA and you are blasted with the signage and billboards in your face. Outdoor advertisement should be seen as much more than a nuisance. Mr. Temporary Speaker, Sir, this Bill is dated 10th July, 2015. Probably, at the time it was initiated, there was still a dispute between county governments and the Kenya National Highways Authority (KeNHA) on control and ownership of advertising structures that lay on national highways. In December 2015, the High Court ruled that the KeNHA had no role in outdoor advertising and ruled very clearly that it was a function assigned to counties. I have seen that there are certain references to KeNHA in this Bill. Clause 5(2) says that approval should be sought from KeNHA if it lies on the national highways. In light of the court ruling, it will be important for us to revisit this Bill and make sure that we do not assign any responsibilities to KeNHA when this is a matter that rests solely with the counties. Genuine business men and women – not salonists who have become overnight millionaires – who do business across multiple counties, have always expressed concern that where there is a licensing regime in each respective county, business becomes very difficult to undertake. This is one example where we are talking about a licensing regime The electronic version of the Senate Hansard Report is for information purposes"
}