This archive report was first published on 27 September 2019.
Published on September 27, 2019, a three-judge bench of the High Court sustained the inclusion of the statue of Founding President Jomo Kenyatta in the new currency notes.
The bench, comprising Justices George Kimondo, Asenath Ongeri, and Anthony M’rima, ruled that the statue does not fit the definition of a portrait as stipulated in the Constitution (2010).
Justice M’rima dissented from the majority decision.
Article 231 (4) of the Constitution (2010) states that notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya but shall not bear the portrait of any individual.
The High Court bench also sustained the September 30 deadline for the demonetization of the old Sh1,000 series note, stating that the Central Bank of Kenya had allowed adequate time for the exchange of the notes with the new ones.
Activist Okiya Omtatah had argued that the statue of Mzee Kenyatta is not part of the Kenyatta International Convention Centre (KICC) and therefore should not be included in the new currency notes.
However, the bench visited the KICC on August 15 and established that the statue was indeed part of the building featured in the new currency note, as argued by the Central Bank of Kenya.
After visiting the site, both parties agreed that the statue was unveiled on September 10, 1973, by then Vice President Moi, while the tower was opened the day after by former President Mzee Jomo Kenyatta.
They also agreed that the distance between the statue and the 28-story KICC tower is 80 meters.
