Witeithie MCA Julius Macharia, from Kiambu County, awaits trial for the criminal offense of painting Deputy President William Ruto in full military regalia.
This according to the constitution depicts disregard for national symbols- the military uniform- in this case.
Section 3(a) of the National Flag, Emblems and Names Act bars members of the public from using the Kenyan flag and other government imagery unless given the go-ahead by the Interior ministry.
The MCA was arrested alongside his driver, George Ngugi Kiarie, and taken in at the Juja Police Station.
The two according to the Law risk a maximum fine of Sh5,000 that may be accompanied by imprisonment of up to six months.
Nevertheless, the MCA further stands to lose the Toyota Hiace vehicle in question if found guilty.
“A magistrate … shall order it (the vehicle in this case) to be forfeited if he is satisfied that it has been used, displayed, manufactured or imported contrary to this Act, or else shall order it to be restored to the person from whom it was seized,” says the Act.