4 Jun 2020 in National Assembly:
Hon. Speaker, this Bill is an Act of Parliament that seeks to provide a legal framework for the regulation of outdoor advertisement in the counties and for connected purposes. The Bill further proposes to provide for the procedure for the application for issuance of an outdoor advertising licence. The Bill is made up of three parts and 23 clauses. Advertising is a rapidly growing industry and now forms part of everyday culture often adding colour to our streets. If you drive around Nairobi and on roads across the country, you will see very many beautiful advertisements in the streets and ...
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4 Jun 2020 in National Assembly:
Outdoor advertising is a key element of the industry and contributes to the creation of vibrant and competitive economy in our country. However, there is need to balance the requirements of the industry with the protection and, where possible, enhancement of the character and appearance of our counties. As you drive, you do not want to see advertisements that are blocking beautiful views of our country along the roads. Outdoor advertising is a function that is assigned to county governments in accordance with the provisions of Article 186 of the Constitution and paragraph (3) Part 2 of the Fourth Schedule. ...
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4 Jun 2020 in National Assembly:
applicable. We are saying here that the CEC member in charge of advertisement in the counties can consult other relevant bodies, but this should not stop them from issuing the licence. This is a formality. This is purely a county function. Clause 4 of the Bill says that the CEC member will need to get consent from KeNHA. So, if we say they will need to get consent, it means basically that the CEC member will have to get permission to issue licence from KeNHA. We are saying they only consult but not seek for consent. That is an amendment ...
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4 Jun 2020 in National Assembly:
Clause 11 of the Bill provides for the revocation of a licence by the CEC while Clause 12 provides for review of the decision by the CEC in court within 14 days. We are saying if you have been given space to advertise and maybe you have made changes or you do not follow the procedure as it is put, the CEC member can revoke. But you also have an opportunity to appeal and go to court within 14 days.
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4 Jun 2020 in National Assembly:
Clause 13 proposes that the advertisement should be removed within seven days of revocation or expiry of an advertisement. Hon. Speaker, give me an additional two minutes so that I can wind up. Clause 21 of the Bill provides for legislation. In essence, this clause allows county assemblies to enact their own laws. We are saying this is an overall Bill but each county assembly may enact their own Bills following the framework that we have set herein. Clause 23 of the Bill provides consequential amendments to Section 3 of the Physical Planning Act. This is one of the Acts ...
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4 Jun 2020 in National Assembly:
So, Hon. Temporary Deputy Speaker, as a Committee, we are saying that, during the Committee of the whole House, we will come with some amendments that we have agreed with Members on Clauses 2, 4, 10, 15 and 21. I beg to move and ask Hon. Gathoni Wamuchomba, who is a member of the Committee, to second the Bill.
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4 Jun 2020 in National Assembly:
Hon. Temporary Deputy Speaker, there is one Member who is here who has requested to speak, but he does not have a card. I can donate one minute to him and then I will have four minutes.
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4 Jun 2020 in National Assembly:
Hon. Temporary Deputy Speaker, I beg to reply. I want to take this opportunity to thank the Members of the Departmental Committee on Communication, Information and Innovation for the tireless time that they put into this Bill. I also want to thank all the Members who have contributed today on this Bill.
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4 Jun 2020 in National Assembly:
It is good to note what Hon. T. J. Kajwang’ said on KeNHA. Clauses 4 and 10 of the Bill say that the member of the County Executive Committee (CEC) who is in charge of advertising will consult and get consent from KeNHA. However, it is important to report to this House that in the past, there has been three court cases on this clause, especially on the issue between county governments and KeNHA. The Association of Practitioners in Advertising say that this is purely a county function. At the same time, we also know that the roads are owned ...
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4 Jun 2020 in National Assembly:
Secondly, Hon. Temporary Deputy Speaker, is on harmonised regulations. It important that we will take note of what Members have said, that it is not good to have laws across the counties but each county can come up with their own regulations. In fact, we have put in the Bill what we call “rate-cut”. We are saying that each county will have to come up with rates for advertisements for each of the areas within the county, so that the rates are harmonised. Sometimes you are maybe
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