A case has been filed before the Milimani law courts seeking to block the state from recognising some 130 people as national heroes until the nomination process is scrutinised and conducted in a transparent manner.
With Mashujaa Day Celebrations just around the corner, Safiri Salama Preservation Foundation says some of the proposed 'heroes' are undeserving of the great honour.
Among those proposed are Field Marshal Dedan Kimathi Waciuru and Mnyazi wa Menza (Mekatili wa Menza) as posthumous national heroes.
The applicants state they have no issues with the said duo as they have been rightfully included but want the other proposed 'heroes' reviewed.
Under the Kenya Heroes Act, 2014 such recognition and honor must accrue from distinguished and selfless sacrifice and service to the nation.
The applicants state that only Dedan and Menza fit this description.
Through advocate Dudley Ochiel, the foundation and the executive director John Nyongesa have asked the court to stop the National Heroes Council and the Attorney General from awarding and recognising the 130 individuals as national heroes on Mashujaa day until their case is concluded.
They argued that the council and AG published a list of proposed heroes on their website without justifying why they should be recognised as 'national heroes'.
"Declaring ordinary folk as national heroes violates the Kenya Heroes Act and demeans the value and prestige of that honour for the truly deserving, says Ochiel.
They have further cited lack of transparency in the process and inadequate public engagement.
"The state's decision poses a significant risk of distorting Kenya's historical record and national consciousness. That is why the courts should urgently intervene," their documents read in part.
Justice John Chigiti certified the matter as urgent.
He directed the applicants to serve the application by close of business today.
The council and the AG will file and serve responses within 7 days of service.
The matter will be mentioned on November 13 to secure a ruling date.