By MWANIKI MUNUHE
KENYA: County governors will neither fly the national flag nor use the title ‘Your Excellency’ if a Bill proposed by Kakamega Senator Bonny Khalwale sails through.
The Bill, The Standard on Sunday has established, will set a protocol procedure that will be used even in public functions.
The Flags, Emblems and Titles Bill recognises the Office of the President as the highest office in the land.
Speaking to The Standard on Sunday, Khalwale confirmed he has prepared the Bill and has received the consent of the Speaker of the Senate Ekwe Ethuro, Speaker of the National Assembly Justin Muturi, the requisite committee in the Senate and has already been sent for publication.
“Yes, I have authored the Bill and it has been approved by the two Speakers. The Bill is supposed to rationalise the use of titles, emblems and flags by State officers,” he said.
In determining protocol in public events, the President remains the highest State officer, the Deputy President comes in second followed by the Speaker of the Senate, the Speaker of the National Assembly, the Chief Justice, Deputy Chief Justice, Attorney General and Cabinet Secretaries. Others will be the Senators, Governors, MPs, chairpersons of constitutional commissions, ambassadors and high commissioners and assembly men and women, in that order.
It is worth noting that in terms of protocol as proposed in the Bill, Senators are given priority compared to governors.
In responding to this concern, Khalwale said: “The senators are taking priority because they serve at the level of national government representing the county governments at the national level. Governors are serving at the level of county governments.”
In fact, the Bill is explicit that only State officers who serve the national government will fly the national flag. Specifically, they include the President, Deputy President, Speakers of the Senate and National Assembly, Attorney General, Cabinet Secretaries, the Chief Justice and his deputy.
Under the Bill, only the President and his deputy will retain the title “Your excellency”. The senators will be referred to as “Distinguished Senators”, governors and MPs will carry the title “Hon governors” and “Hon MPs” while County Assembly members will be referred to as “Assembly men and women” as the case may be.
“We must eliminate this ambiguity evidenced by the recent attempts by the governors amongst others to use titles that are not provided for in the law and to attempt to fly national flags where the law does not give such provisions,” said Khalwale. According to the Bill, county governments will be expected to, in consultation with the county assembly, design a distinct symbol for each county.
However, the Bill is equally explicit that in developing the symbols, no symbol that offends the letter and spirit of the Constitution shall be allowed to pass.
National features
At the same time, no county government will be allowed to use any feature used in the national flag because, according to the Bill, such are national features.
“No symbol that seeks to offend the law will be allowed to pass. The law is clear that Kenya is one unitary State. If the County Government of Garrissa decides to use a camel, that will be in order, if the county government of Kakamega decides to use a bull that’s in order but anything that offends the law will not be acceptable,” he said
All State officers serving the Government at the national level will not fly any other form of flag except the national flag. The President will, however, have the leeway to fly the presidential standard.
Similarly, State officers representing the President outside the country will while representing the President be referred to as excellencies and will fly the national flag. They are, however, not allowed to fly the presidential standard.
“I would like Kenyans to know that I am not trying to re-invent the wheel. I have relied on the research I have done and taken into consideration the best international practice,” he said. Khalwale said the Bill has already gone for publication and that it will be among the first items the Senate will deal with immediately it resumes sittings.
“The bill has already gone for publication. It will be out soon so that members of the public and other stakeholders can add their proposals in order to come up with one comprehensive act of parliament that will guide in avoiding the chaos we are seeing today,” he said.
There was a tussle recently between county governments and the national governments over flying the national flags.
A while ago, Eldas MP Adan Keynan sought to introduce an amendment to National Flag, Emblems and Names Act Cap 99 to allow Governors to fly national flags.
