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.
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