The High Court has referred the case challenging the new currency notes to the Chief Justice, David Maraga for him to set up a bench to hear the matter.
According to Justice Weldon Korir, the case raised by activist Okiya Omtatah has raised weighty issues that need the CJ’s attention.
He added that the matter raised in the petition highlights substantial questions of law.
In his petition, Omtatah wants the court to bar the Central Bank of Kenya (CBK) from circulating or giving effect in any way whatsoever to the new generation banknotes launched by the President during Madaraka Day Celebrations.
In his argument, Omtatah notes that the public was not involved in the printing and unveiling of the new notes.
he also says the portrait of the first president of Kenya on the notes contravenes the Constitution.
However, CBK Governor Patrick Njoroge has insisted that the design and introduction of new banknotes followed due process and that they are ready to fight those opposed to it in court.
Njoroge dismissed those contesting the inclusion of the country’s founding president Mzee Jomo Kenyatta’s sculpture, saying that the key feature was the KICC.
On Tuesday, the Orange Democratic Movement (ODM) party changed its hard stance on new currency notes.
During the unveiling, Governor Patrick Njoroge gave a directive that current Ksh1,000 notes will become obsolete on October 1.
The directive, which is expected to disrupt illicit financial flows, was opposed by a section of ODM leaders, who criticized the inclusion of Mzee Jomo Kenyatta on the new currency.
However, National Assembly Minority Leader John Mbadi who doubles up as ODM Chairman stated that contrary to earlier reports which revealed that the party called for a recall of new notes, it is instead supporting its introduction.
Mbadi, however, said the October 1 deadline by CBK should be moved to August 1.