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Court: Governors should not fly national flag on their official vehicles

By Kamau Muthoni | September 12th 2015

Governors have lost the war to fly the national flag on their official vehicles. High Court Judge Isaac Lenaola yesterday stated that the move by the Parliament to strip of Governors the flag could not be faulted by the court.

“I do not see any wrong doing on the part of the third respondent (Parliament) in enacting a law that would govern the use of the national flag as an important national symbol because it is within the mandate of the National Assembly to enact such a law,” he ruled.

The governors have refused to let go the flags despite the legislation, and took the matter to court. The legislation in both the National Assembly and in the Senate that was meant to make the governors the bosses just within their counties and beyond.

On June 26, President Uhuru Kenyatta signed into law the National Flag, Emblems and Names (Amendment) Act 2014, which prohibited the governors from flying the flag on their cars. Justice lenaola, however, noted that Governors could fly county flags. “Our National Assembly in its wisdom had limited its use on motor vehicles and I have said that in the context of the Petition before me, I am unable to invalidate that decision,”  he noted.

The governors argued that Act was meant to create conflict and breach the relationship between the two governments. But the  judge  disagreed, noting that the functions  of  both the national and counties  governments had been clearly set  out.

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