The controversy surrounding the new currency notes has deepened after Parliament admitted important legal documents were never presented to the House as required by law.
In a letter to activist Okiya Omtatah, Clerk of the National Assembly Michael Sialai confirmed that three legal notices on the notes have never been tabled before Parliament.
Omtatah wrote to the clerk on June 26 requesting information on the matter.
Legal Notice No.235 of December 7, 2018 contains description of the new issue of one-shilling, five-shilling, 10-shilling and 20-shilling coins.
Legal notice No.72 of May 31, 2019 describes the new issue of Sh50, Sh100, Sh200, Sh500 and Sh1000 notes.
Also to be tabled was Kenya Gazette Notice No. 4849 of May 31 2019 on withdrawal of the old currency notes.
Omtatah wanted to confirm whether the CBK complied with Section 11(1) and (2) of the Statutory Instruments Act 2013 by transmitting to the clerk copies of the statutory instruments, together with an explanatory memorandum, for laying in the National Assembly within seven sitting days of their publication in the gazette notice.
Sialai in his response to Omtatah says the instruments have never been before the National Assembly.
“From our records, i.e Hansards reports, votes and proceedings and Register of Statutory Instruments as set out in section 11(3) of the Statutory Instruments Act, we wish to confirm that the legal notices are yet to be transmitted to us to register and cause tabling in the National Assembly,” Sialai writes.
The law requires every Cabinet Secretary responsible for a regulation making authority to ensure that, within seven sitting days after publication of the statutory instrument, a copy of the statutory instrument is transmitted to the clerk for tabling before the House.
Upon receipt of the statutory instrument and the memorandum, the clerk enters this instruments into the register required to be maintained under the Act.
“If a copy of a statutory instrument that is required to be laid before the House is not so laid within seven sitting days after its publication, the statutory instrument ceases to have effect immediately after the last days for it to be so laid but without prejudice to any act done under the statutory instrument before it became void," the Act reads in part.
Omtatah has a pending case before court where he is challenging issuance of the new currency notes, arguing there was no public participation.
He has also challenged the use of President Jomo Kenyatta’s portrait on the new notes, saying the law prohibits the use of any individual’s picture or portraits on currency notes.
