MPs move to deny governors car flags

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Sunday, August 11  2013 at  23:30

A showdown is looming in both Houses of Parliament as they prepare to debate two conflicting laws on whether governors will be allowed to fly the national flag on their vehicles.

A law tabled in the National Assembly is seeking to bar governors and Cabinet secretaries from flying the national flag on their vehicles while another set for debate in the Senate is seeking to give them to greenlight to fly them.

The National Assembly Bill to amend the National Flag, Emblems and Names Act is sponsored by Eldas MP Adan Keynan. It seeks to restrict the flying of the national flag to the President, Deputy President and the Speakers of the National Assembly and the Senate.

Another Bill by Kakamega Senator Boni Khalwale, is before the Senate and is seeking to allow governors to officially fly the national flag but only within their counties.

They will also be ranked below senators in the order of seniority but above Members of Parliament and county assembly representatives.

If enacted, the Bill, will strip governors of the title “His Excellency” which they had assigned themselves since their March swearings-in.
The Bill comes up for debate amidst complaints by MPs that governors had transformed themselves into “small presidents”.

Currently, the law allows the President, Vice-President, Chief Justice, the Speaker of the National Assembly, Cabinet ministers and the Attorney-General to fly the national flag.

But nearly all governors including Evans Kidero (Nairobi), William Kabogo (Kiambu), Alfred Mutua(Machakos), Kinuthia Mbugua (Nakuru) and Jackson Mandago (Uasin Gishu) have been captured on camera flying the national flag on their vehicles, prompting the Attorney-General, Prof Githu Muigai, towarn them that they were contravening the law.

“The object and purpose of this Bill is to amend the National Flag, Emblems’ and Names Act (Cap. 99) to reserve the flying of the national flag on motor vehicles to the following State officers: the President, the Deputy-President, the Chief Justice, the Speaker of the National Assembly and the Speaker of the Senate,” Mr Keynan said in his objects of memorandum.

“The objective of this Bill therefore is to remove the matter of flying of the national flag from the ambit of subsidiary legislation and entrench it in the substantive law, and to widen the scope of officers allowed to fly the national flag on their motor vehicles to take cognisance of new offices established under the Constitution,” he argues.

Imprisonment

The Bill proposes that a person who contravenes subsection (l) commits an offence and shall be liable, on conviction, to a fine of up to Sh1 million or to imprisonment for up to five years or both.

In April, Mr Keynan criticised Prof Muigai for warning governors against flying the national flag on their vehicles. At the time, the MP said the directive was an attempt by the Executive to demean the leaders of county governments.

Curiously, his Bill does not include governors in the category of state officers allowed to fly the flag.

In a recent meeting with the President, governors were allowed to fly the national flag on their vehicles among other concessions.

On Sunday, the Secretary to the Governors Council, Bungoma Governor Kenneth Lusaka said governors had authority from the Transition Authority to fly national flags on their cars.

“We will not stop, we will continue flying the flags because we have authority from the Transition Authority. Even the AG at one point suggested that we fly flags on our vehicles, one for the national government and another for the county,” he said.

According to him, flying the flag was a symbol of patriotism and it reminds governor that “though we are from different counties, we belong to one nation”.

The current law was inspired by the country’s founding President, Mzee Jomo Kenyatta, in July 1963 when he complained that the flag was being misused by being displayed “even in lavatories”.

Speaking in Parliament, Mzee Kenyatta told MPs: “The government recognises that a national flag must not only be a symbol of unity but one that commands respect of all our people… of late we have seen party flags flown by every Tom, Dick and Harry.

“Apart from this being illegal, it means that flags have appeared in practically any place, even in lavatories. The national flag must not and will not be flown by any person other than Cabinet ministers and any specifically authorised persons… the reproduction of the flag will not be allowed… no person will be authorised to fly a flag with a Coat-of-Arms, except the head of government,” he decreed.

Former Agriculture minister Sally Kosgey caused a storm during the 10th Parliament when she claimed that the national flag only helped her manoeuver her way through traffic jams. She later apologised for the remark.

Earlier in 2002, veteran politician William ole Ntimama also drew sharp reactions when, after resigning from the Kanu government to join the Liberal Democratic Party (LDP), remarked that he could use the national flag to wipe his nose.