Witeithie MCA Julius Macharia and his driver spent Monday night at Juja Police Station cells after he was accused of breaching the law by having a picture of DP William Ruto dressed in an army attire depicting him as commander-in-chief.
A police report stated, “DCI officers acting on a tip-off arrested the said MCA and his driver namely George Ngugi Kiarie. The duo was driving a motor vehicle Reg No. KCQ 918U Toyota Hiace.”
The two were also apprehended for having a vehicle that has the graffiti of the Coat of Arms and the National flag of Kenya.
The matatu was also detained at Juja Police Station yard pending investigations and processing.
The MCA and his driver are set to appear before the court on Tuesday for the offence of contravening Section 3(a) CAP 99 Laws of Kenya of the National Flag, Emblems and Names Act.
According to Section 3 (a) of the Act, members of the public have been barred from using the Kenyan flag and other government imagery unless given the go-ahead by the Interior Ministry.
The law affirms, “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.”
If found guilty of the crime, the breach of the law will have them fined Ksh5,000 that may be accompanied by imprisonment of up to six months.
The Act which has been in effect since December 10,1963, has undergone several modifications with the recent one being made in 2012 with regard to motor vehicles.
It notes: “Any person who flies the national flag on any motor vehicle shall be guilty of an offence.”
It added that the exempt parties are the President, the Deputy President, the Chief Justice, the Speaker of the National Assembly, Cabinet Secretaries and the Attorney-General.
The Act further noted that if the person will be found guilty of the crime they will lose their property to the State, which means the MCA risks losing the Toyota Hiace vehicle.
“A magistrate … shall order it 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.