By law, the Central Bank of Kenya (CBK) is the only institution in the country that can issue currency. The bank designs the currency by identifying concepts that depict the country and procures the money in compliance with the Public Procurement act.
Recently, a photoshopped old fifty Kenya shillings note with Roots party leader, George Wajackoyah has emerged on the internet. This note has left many Kenyan youths very animated.
The note has a weed leaf symbol alongside it and is written ‘Bang’ instead of Bank. Damaging Kenyan currency by whatsoever means is an offense that is punishable by law. The CBK considers currency damaged when mutilated, torn, or marked with ink.
The law applies to hard currency and is debatable as to whether it applies to digitally photoshopped currency as in the Roots Party leader’s case.
In that case, the following are some of the sanctions imposed on tarnishing hard currency. Anybody who defaces Kenyan currency will have a fine of Kshs. 2,000 imposed on them. In addition to that, they are also culpable of imprisonment for a term not exceeding three months.
The CBK Penal Code Cap 63 chapter 36, section 367A states that “Any person who willfully and without authority or excuse defaces, tears, cuts or otherwise mutilates any currency note shall be guilty of an offense and shall be liable to imprisonment for a term not exceeding Kshs. 2,000 or to both.”
If the counterfeit note is printed, the following rule applies to whoever it is that makes it; Section 365 states that “Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life.”
Regarding the same, defacing the Kenyan currency or handling the money, whether notes or even coins, in mannerisms that show devaluing the currency shall attract an imprisonment term of seven years. This is stated in Section 368, “Any person who deals with any coin in such a manner as to diminish its weight with an intent that when so dealt with it may pass as coin, is guilty of a felony and is liable to imprisonment for seven years.”
For the photo-shopped currency, the penalty is stated in Section 369, “Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency any coin current for the time being in Kenya, is guilty of a misdemeanor and is liable on conviction to a fine not exceeding Kshs. 8,000 or to imprisonment for six months or to both.”
To read more on CBK penalties as stated in Article 231(2) of the Kenyan constitution and the CBK Act Cap 491 section 4 A (1) click the link as follows;
Currency Services | CBK (centralbank.go.ke).
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Wajackoyah has grown much into the Kenyan political stage. The CEO of the Music Copyright Society of Kenya (MCSK), Dr. Ezekiel Mutua became the first highly ranked government official to admit the possibility of a rerun following what he termed as overwhelming support by Kenyan youth for George Wajackoyah.
“Wajackoyah may cause a re-run. I sat down with a group of young people last night and was shocked to hear the animated conversation on why they love the guy.”
He stated.
For what it’s worth, the excitement shouldn’t be a reason for the youth to indulge in malicious activities such as defacing the Kenyan currency, including the old currency.
