New banknotes: Omtatah seeks KICC visit to Kenyatta statue

Activist Okiya Omtatah now wants a judge to visit the Kenyatta International Convention Center in Nairobi to ascertain whether the Mzee Jomo Kenyatta statue is part of the building.

He is struggling to include a portrait of the founding father in new banknotes.

Appearing before three judges on Wednesday, Mr Omtatah pleaded to be allowed to change his application to include a field visit, saying it was necessary.

Chief Justice Anthony Mrima, Kimondo Kanyi and Arsenath Ongeri directed him and other respondents to debate the application on Thursday morning, after which they would make a decision on the matter.

OMTATAH CLAIMS

In his petition, Mr Omtatah accused the Kenya Central Bank and its Governor Patrick Njoroge of violating Article 231 (4) of the Constitution by maintaining a portrait of Kenya's first President on the record of a new generation of currencies.


Furthermore, Mr. Omtatah blamed CBK for acting contrary to Part 34 of the Sixth Schedule of the Constitution by directing that all old Sh1000 banknotes be withdrawn on October 1.

"The applicant feels disadvantaged because it contradicts Article 231 (4) of the Constitution, which stipulates that Kenyan banknotes must not photograph anyone, every new generation of Kenyan banknotes has a clearly visible portrait of the late President Jomo Kenyatta," he said in petition.

Likewise, Mr. Simon Mbugua, who is a former member of the Kamukunji Parliament, accused CBK of failing to make public participation before new records were printed.

He said that by placing a full sculpture of Mzee Kenyatta, who was standing in front of KICC, on each note, CBK only used architectural works namely KICC to sneak portraits into notes.

CBK RESPONSE

In response, CBK said there was adequate public participation and stakeholder involvement before notes were printed.

Mr Njoroge said that these parties were also involved in the design work and that the claims of the applicants had no legal basis.

"I believe that if Okiya Omtatah is interested in participating in the design process, he [will do it] since the notice was issued - on March 7, 2012 - until there is a publication," he said.

Regarding the image problem used on the record, CBK said the feature was acceptable and met the threshold set in the Constitution.

Mr Njoroge added that the note did not carry an individual or President Kenyatta portrait as alleged.