The High Court has referred Okiya Omtatah case challenging new currency notes to the Chief Justice to set up a bench to hear the matter.
Justice Weldon Korir says the matters raised in the petition raise substantial questions of law.
He also said the issues raised are weighty.
Omtatah wants the court to bar CBK from circulating or giving effect in any way whatsoever to the new generation banknotes launched by the President and the governor of the Central Bank during the 56th Madaraka Day celebrations at Narok Stadium, Narok county.
The activist argue that the CBK did not involve the public in the printing and unveiling of the new notes.
They also say the portrait of the first president of Kenya on the notes contravenes the Constitution.
Omtatah is aggrieved that contrary to the Constitution which decrees that Kenyan currency banknotes shall not bear the portrait of any individual.
Each new generation Kenyan banknote bears a prominently displayed statue of the late President Jomo Kenyatta at KICC.
"There are several architectural perspectives that courts have been used to present the KICC-tower, amphitheatre and podium-without dragging the statue of the late President Kenyatta to the foreground," he argues.
However, CBK Governor Patrick Njoroge has insisted that the design and introduction of new banknotes followed due process and that they are ready to fight those opposed to it in court.
Njoroge dismissed those contesting the inclusion of the country's founding president Mzee Jomo Kenyatta's sculpture, saying that the key feature was the KICC.
