Activist Okiya Omtatah now wants judges to visit Kenyatta International Convention Centre to ascertain whether the Jomo Kenyatta statue is part of the building, as he battles the inclusion of the portrait in the new currency notes.
Appearing before a bench of three judges Wednesday, Mr Omtatah pleaded to be allowed to amend his petition to include the visit, maintaining that it was necessary.
Justices Anthony Mrima, Kimondo Kanyi and Arsenath Ongeri directed him and other respondents to argue the application this morning before making a ruling.
Mr Omtatah and East African Legislative Assembly member Simon Mbugua challenged the rollout of the new notes, accusing Central Bank Governor Patrick Njoroge of contravening the Constitution by retaining the statue of Kenya’s first President Jomo Kenyatta on the notes.
Further, Mr Omtatah faulted the CBK for acting contrary to Section 34 of the Sixth Schedule to the Constitution by directing that all the older Sh1,000 bank notes be withdrawn by October 1.
Mr Mbugua accused CBK of failing to subject the matter to public participation before the new notes were printed.
The CBK has said there was adequate public participation before the new currency notes were put into circulation.