High Court Judges, on Thursday afternoon, visited the Kenyatta International Conference Centre (KICC) to establish facts about the tower.
The three-judge bench toured the site, following a petition by activist Okiya Omtatah against the inclusion of the statue on the new currency notes.
Several crucial revelations were made by the judges concerning Mzee Jomo Kenyatta's statue, as follows.
It was established that the distance between the KICC tower and Mzee Jomo Kenyatta's statue is approximately 80 metres.
The court also established that the building and the statue in Nairobi were unveiled on separate days.
This is because, Mzee Kenyatta opened the building on September 10, 1973 while the then Vice President Daniel arap Moi unveiled the statue the following day.
This follows Omtatah move to court, in June to dispute the new currency notes launched by President Uhuru Kenyatta during the Madaraka Day celebrations in Narok.
The activist cited more than one reason as he sought to stop the enactment of the deadline.
Article 231(4) states, "Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolize Kenya or an aspect of Kenya but shall not bear the portrait of any individual."
When he spoke to the media, about his petition, Omtatah postulated that the statue should not be included in the new currency notes as the constitution stipulates.
He also stated that there was no public participation as requested by the law in the entire process.
In addition to these two reasons, the seasoned litigant also quoted Section 34 of the Sixth Schedule that provides no grounds for invalidation of the old currency notes. The section states:
"Nothing in Article 231(4) affects the validity of coins and notes issued before the effective date."
Speaking over the matter, Central Bank Of Kenya (CBK) Governor, Patrick Njoroge, dismissed the opposers explaining that they missed the point and that the focus was supposed to be the KICC building itself.
The judges will deliver their ruling on September 27, 2019.
