Omtatah: Bench set to rule on KICC visit in bank notes case

A three-judge Bench will today rule whether to visit Kenyatta International Convention Centre (KICC) before determining a case filed by activist Okiya Omtatah, challenging the new currency for allegedly including a portrait of founding president Jomo Kenyatta.

Justices George Kimondo, Anthony Murima and Asenath Nyaboke said they would make a determination after hearing final submissions in the suit.

Omtatah has named the Central Bank of Kenya, its Governor Patrick Njoroge and the Attorney General as respondents in the suit.

 “If the site visit will be of importance, the court will visit KICC at 2pm,” said Justice Kimondo.

Omtatah yesterday argued that the site visit was of great importance as it would help clarify whether the Kenyatta statue is part of KICC building.

Meet threshold

“CBK is violating Article 23 1(4) of the Constitution by having a statue of Kenya’s founding President Jomo Kenyatta at the back of all the new notes,” he said in court documents.

He further claims demonetisation of Sh1,000 notes after October 1 is not supported by law.

However, CBK said the image used in the notes is acceptable and meets the threshold set in the Constitution. “The notes do not bear the portrait if any individual or that of President Jomo Kenyatta as alleged,” said CBK through its director Kennedy Abuga in a replying affidavit.

“KICC is an important landmark… it should, therefore, be preserved,” said Abuga.