On Monday night, Weitethie ward representative Julius Macharia was arrested in Kiambu after police linked him to a matatu bearing a controversial photo of Deputy President William Ruto. The photo displayed on the matatu depicted Ruto in military regalia that is associated with the Commander-in-Chief designation.
The MCA was in the matatu when police approached him and after a discussion he was taken into custody.
The vehicle also had graffiti depicting the Kenyan Coat of Arms as well as the map of the country and the Kenyan flag.
The driver of the 14-seater matatu, one George Ngugi, was also apprehended and the two were presented in court on Tuesday.
The law that the MCA Julius Macharia and his driver George Ngugi are alleged to have breached attracts a maximum fine of Sh5,000 that may be accompanied by imprisonment of up to six months.
But how were they charged in Court? The charge sheet changed to read “Permitting the use of unroadworthy motor vehicle contrary to section 55(1) of the traffic act, amendment no. 2 of 2012 cap 403 laws of Kenya”.
This, according to the charge sheet above is the real reason why the MCA and his driver were arrested.
CORRECTION: No one has been charged because he had a portrait of anyone on their vehicle. As a matter of fact, the charges facing the owner of the vehicle with DP Ruto paraphernalia is due to the said vehicle being UNROADWORTHY. @matundura78 @ODPP_KE @DCI_Kenya @Asamoh_ pic.twitter.com/dPcjgBwSId
— DD (@Disembe) May 28, 2019
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.
“No person shall, except with the written permission of the Minister … use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in furtherance of, or display the same as an advertisement for, any trade, business, calling or profession,” says the section of the law that the two are alleged to have flouted.
The Act has however been in effect since December 10, 1963 — two days before Kenya officially got her independence.
It was designed to ensure respect of the flag, national anthem, coat of arms among other State symbols.
The legislation has been modified a number of times since then, and in 2012, a revision was done with regard to motor vehicles.