Chief Justice David Maraga is expected to constitute a bench to hear a case challenging the constitutionality of the new notes pending the hearing and determination of the cases.
Justice Weldon Korir certified applications by EALA Member of Parliament Simon Mbugua and activist Okiya Omtatah as urgent saying the petitions raises substantive questions of law that needs to be addressed by a bench.
The case challenging the new currency unveiled by Central Bank of Kenya during this year’s Madaraka Day celebrations is now before Chief Justice David Maraga who is expected to appoint three or five judges to hear and determine the case.
In referring the matter to the Chief Justice, Justice Weldon Korir said the issues raised in both petitions are weighty and needed the attention of the Chief Justice.
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In the petitions, activist Okiya Omtahtah and EALA MP Simon Mbugua are against the inclusion of the late Jomo Kenyatta’s portrait saying it violates section 231(4) of the constitution which states that Kenyan currency notes shall not contain a portrait of an individual.
In the application, the duo want the court to bar CBK from implementing the new currency saying the public was not involved in the entire process.
But even as the roll out continued to encounter legal challenges, Central Bank of Kenya says it is ready to defend its decision in court insisting that the design and the introduction of the new currency followed due process.
Elsewhere, the principal of St Stephen’s girls school in Machakos county has been released from custody after denying charges of assault and causing bodily harm to journalists Boniface Kirera and Caroline Bii.
The two KTN journalists were following up on a story of a missing child within the school located in Kyumbi area.
John Musyoki Kyalo alongside others who were not in court were further charged with arson and malicious damage to property.
The case will now be mentioned on 8th June 2019. In the meantime, the school has been closed for one week.
Meanwhile, Julius Macharia alias Taki, a member of the Kiambu County Assembly who was arrested last week because his vehicle had exuberant political graffiti which included images of the national flag, coat of arms and a portrait of Deputy President William Ruto in full military regalia will remain a free man for two weeks awaiting directions from the director of public to either prefer charges against him or drop the matter.
Macharia, an MCA for Witeithie ward was and who is out of custody on a personal board had been accused of violating use of flags and national emblems laws.
The prosecution had asked for a two weeks extension of the matter arguing that although they have finalized investigations, the DPP needs to analyse the file as a common practice. Appearing before Thika resident magistrate Kyania Nyamori during a mention on Tuesday, Macharia was ordered to continue appearing to the investigators on routine basis.
The MCA had also been charged with a count of traffic offence of authorizing the use of unroadworthy vehicle.