, NAIROBI, Kenya, Aug 1 – The Director of Public Prosecutions (DPP) Keriako Tobiko has opposed an application by governors to continue flying the national flag on their official cars.
The DPP who was responding to a case in which the governors are seeking orders to allow them fly the national flags on their official cars, said that the National Flags and Emblems Act 2014 prevents the improper use of the national flag, adding that the limitation is necessary.
The DPP explained that the Act prohibits any person except the President, his deputy, Chief Justice and Speakers of the National Assembly and the Senate from flying the national flag on any motor vehicle.
The DPP insists that the Transition Authority had no authority in law to allow governors to fly the national flag and even if it did the same has been overtaken by the Amendment Act.
Justice Isaac Lenaola was Friday told that the Constitution intends national symbols to be managed by the national government.
Section 4 of the County Government Act empowers counties to develop their own County Symbols like the coat of arms, flags and seal that would be independent and unique from that of the national symbol.
“The flying of a flag on motor vehicles is not one of the devolved functions within the ambits of the devolution services from the national to County governments. This is a figment of the petitioners’ imagination and innovation,’’ Tobiko argued.
Consequently, the DPP urged the High Court to dismiss the petition arguing that governors’ have failed to prove that the legislation is unconstitutional.
The County CEOs moved to court after President Uhuru Kenyatta signed into law the National Flag Emblems and Names Amendment Act 2014 which prohibits governors from flying the national flag in their official cars.
The governors want to be allowed to fly the national flag on grounds that it promotes national unity at the County level in accordance with Article 174 of the Constitution.
Contravention of the new Act attracts a fine of Sh1 million or imprisonment for a maximum of 5 years or both.