Governors challenge law barring them from flying national flag
Council of Governors chairman Isaac Ruto at a past function. Governors have moved to court seeking to stop the implementation of a law that bars them from flying the national flag on their official cars. FILE/NATION
What you need to know:
- Governors stated that the national flag is a symbol of Kenya, "considering itself and manifesting itself to the world as a national community."
- Through lawyer Peter Wanyama, they told Judge Isaac Lenaola that when the governors were sworn into office on March 27, 2013, the Transition Authority allowed them to fly the national flag on their official cars.
Governors have moved to court seeking to stop the implementation of a law that bars them from flying the national flag on their official cars.
The Council of Governors, which filed the application on behalf of the 47 governors, said that the National Flag, Emblems and Names (Amendment) Act 2014 is extremely unconstitutional and should be declared null and void.
The petitioner stated that the national flag is a symbol of Kenya, "considering itself and manifesting itself to the world as a national community."
The governors, through their lawyer, Peter Wanyama, told Judge Isaac Lenaola that when the governors were sworn into office on March 27, 2013, the Transition Authority allowed them to fly the national flag on their official cars.
They noted the Transition Authority was established by the Transition to Devolved Government Act 2012 to provide for a smooth and seamless transfer of public power and resources to the counties.
SH5M FINE OR IMPRISONMENT
“One of the reasons adduced for this was that the flying of the national flag would promote national unity at the county level in accordance with the provision of Article 174 of the Constitution,” explained lawyer Wanyama.
On June 26 this year, President Uhuru Kenyatta signed into law the National Flag, Emblems and Names (Amendment) Act 2014, which was passed by the National Assembly.
The legislation prohibits governors from flying the national flag on their official cars.
Contravening this law attracts a fine of one million shillings or imprisonment for a maximum of five years or both.
“There is an eminent risk that governors will be arrested by the Inspector General of Police and prosecuted by the Director of Public Prosecutions on account of the unconstitutional legislation,” added lawyer Wanyama.
The case will be heard on Monday.
