Court Upholds Inclusion of Jomo Kenyatta’s Image on New Kenyan Currency Notes

The High Court on Friday upheld the inclusion of the statue of Kenya’s first President Jomo Kenyatta in the new currency notes.

Justices George Kimondo and Asenath Ongeri ruled that the image of Kenyatta in the new banknotes does not fit the description of a portrait as stipulated in the 2010 Constitution. Justice and Anthony M’rima dissented.

Justices Kimondo and Ongeri said that Central Bank of Kenya (CBK) did not violate the law in using the said image adding that the image in contention was a side view and not frontal.

The two judges noted that although the image of Kenyatta as appearing in the notes is bigger than Kenyatta International Conference Centre (KICC), the statue is part of the iconic building.

The judges further ruled that CBK carried out adequate public participation on the design for the new currency.

The majority judges also upheld CBK’s September 30th deadline for withdrawal of the old Sh1,000 series note.

"The period of four months deadline was in our view reasonable," they ruled.

Activist Okiya Omtatah and East Africa Legislative Assembly (EALA) MP Simon Mbugua had filed petitions challenging the inclusion of Kenyatta’s image in the new currency.

The two cited Article 231 (4) of the Constitution that states: “Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolize Kenya or an aspect of Kenya but shall not bear the portrait of any individual.”