Mombasa Cement Dragged To Court Over Branded Wall Advertisements at Public Institutions
Mombasa Cement Company Limited is facing a constitutional petition at the High Court in Mombasa over allegations that it used perimeter walls at public institutions across the Coast to promote its commercial products without demonstrated compliance with applicable advertising regulations.
The petition, filed by Bismillah Centre Self Help Group and Fredrick Odhiambo Ojiro, also challenges the County Government of Mombasa over questions surrounding the authorisation of the displays and whether legally applicable advertising fees were assessed and collected.
The Competition Authority of Kenya has been named as an interested party in the case.
Petition Challenges Commercial Branding on Public Walls
According to the petition, Mombasa Cement financed or erected perimeter walls at public schools, police stations and other institutions under corporate social responsibility initiatives.
The petitioners allege that some of the walls carry prominent product names, logos and commercial imagery associated with the company’s cement, steel and iron-sheet products.
They argue that the displays go beyond acknowledging corporate donations and may constitute commercial advertising that gives the manufacturer promotional exposure on public property.
Among the locations listed in the court documents are Central Police Station, Changamwe Police Station, Makupa Police Station, the Regional Police Headquarters in the Coast region, Mbaraki Girls Comprehensive School, Ziwani School for the Deaf, Coast General Teaching and Referral Hospital and Tononoka Children’s Court.
The petition also identifies several other schools and public facilities in the region where the petitioners say the branded walls have been erected.
County Government Asked to Account for Advertising Fees
The petitioners contend that it remains unclear whether the county government authorised the displays, assessed any applicable advertising charges, collected payments or granted lawful exemptions.
They argue that granting prominent advertising exposure on public institutional property without transparent procedures could give Mombasa Cement an unfair promotional advantage over competing manufacturers that ordinarily pay to advertise.
The petition invokes constitutional provisions on transparency, accountability, public finance and fair administration, alongside the County Governments Act, the Public Finance Management Act, the Fair Administrative Action Act and the Competition Act.
The petitioners want the court to compel the county government to inspect and document the identified displays, establish whether advertising charges are legally payable, and disclose relevant permits, exemptions, assessments and payment records.
They are also seeking an account of advertising charges that may lawfully be due, subject to applicable legislation and any valid exemptions.
Petitioners Seek Removal of Unlawful Advertisements
Among the orders sought is a declaration that product-specific branding on public school and police station walls is subject to applicable county advertising regulations where it meets the legal definition of advertising.
The petitioners are also asking the court to restrain Mombasa Cement from placing or maintaining commercial advertisements on the identified walls without the approvals and payments required by law.
They further want advertisements found unlawful by the court removed within a reasonable period, subject to public safety considerations and the rights of the institutions concerned.
In a separate application, the petitioners sought conservatory orders to prevent the installation, expansion or renewal of additional advertisements while the dispute is pending. They also sought orders requiring the disclosure of agreements, permits and payment or exemption records relating to the branded walls.
High Court Declines to Certify Application as Urgent
In a ruling dated October 22, 2026, Justice Jairus Ngaah declined to certify the application as urgent.
The judge directed that the application be served for directions on November 19, 2026, and ordered the respondents and the interested party to file and serve their responses within seven days of service.
The ruling did not determine whether the branded walls violate advertising laws or whether any fees remain unpaid. Those questions are yet to be resolved through the petition.
The case will therefore proceed as the parties file their responses and the court considers the issues raised by the petitioners.
The allegations against Mombasa Cement and the county government remain unproven, and the court has not made a determination on the merits of the petition.
