While a great majority may not know the illegality of having your car emblazoned with the coat of arms, the President’s face or even the National flag, the constitution could not be any clearer on the use of these symbols.
When a Kiambu MCA who happens to be an ardent diehard of President Kenyatta’s Deputy was arrested Monday night, perhaps it came as a deterrent to those who may have contemplated christening their cars PSV matatus or even bikes with these symbols of National Unity.
The Weitethie MCA, Macharia Taki, may not have known the implications of his actions, and from the look of things, he may be having remote knowledge of the laws in Kenya apart from the standing orders of the Kiambu County Assembly.
Funny enough, the Members of Kiambu County Assembly are not particularly famous for abiding with the house standing orders anyway.
From this background, we delve into the legal implications involved in this case.
Chapter 99 of the Constitution of Kenya stipulates the use and limitations of the use of these symbols.
In the National Flags, Emblems and Names Act, one is outrightly prohibited from using the National flag in any form without proper authorization from the Cabinet Secretary of Internal Security.
The constitution states that no person shall, except with the written permission of the Minister use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in furtherance of, or display the
same as an advertisement for, any trade, business, calling or profession.
What is clear is that MCA Taki did not seek authorization from the Minister in charge of Internal Security, Dr Fred Matiang’i.
But assuming this was the case, the Police officers would have received the lecture of their career would they have pulled the MCA over for illegal use of these emblems.
For starters, the MCA’s vehicle was bearing the image of DP William Ruto draped in military fatigue akin to that of President Kenyatta.
In the MCA’s mind, DP Ruto was already the President and the vehicle also had the symbols of authority on it like the Coat of Arms and the National flag.
While this could pass as mere sycophancy on the untrained eye, the National Police and the National Intelligence Service do not take it casually.
These bodies are designed to protect the sovereignty, people and the constitution of the Republic of Kenya from both Internal and External threats in the country.
The ‘Crowning’ of a Deputy President to the level of a sitting President is a matter which cannot be taken lightly as it portends more than meets the eye.
For the case of MCA Taki, his offence is pretty cut out for him.
“Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment,” according to Section 3 (4) of the article
