Atheists in Kenya want a gazette notice declaring Thursday a public holiday annulled as they “cannot have the government acting religiously”.
Chairman Harrison Mumia said the holiday, which coincides with Pope Francis’ visit, violates the doctrine of separation of state and religion.
In a petition filed at the High court on Wednesday, Mumia said the move jeopardises the state of the economy and contravenes Articles 8, 9 and 32 of the constitution.
Article 8 says “there shall be no state religion” while article 9 (4) states that national days will be public holidays.
Article 32 concerns the “freedom of conscience, religion, thought, belief and opinion” for all. Section 4 states: “A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion”.
Interior CS Joseph Nkaissery declared the holiday through a Special Gazette No 129 dated November 24.
In declaring the prayer day, the government said the Pope will “set the tone of the day” as Kenya is privileged to host him.
Mumia had opposed it on November 11 when he said “not all Kenyans are Catholics and we cannot be subjected to a public holiday that recognises a visit by the leader of one Christian denomination”.
He had said such a declaration would be “unfair, contemptuous of the constitution and discriminatory”.
Francis will seek to bridge faultlines between Christians and Muslims in his first tour of Africa, that includes Uganda and the Central African Republic.
“We are living at a time when religious believers, and persons of goodwill everywhere are called to foster mutual understanding and respect, and to support each other as members of our one human family,” the pope said in a pre-trip message.
He left Fumicino Airport in Rome for his three-day visit to Kenya and is expected to arrive at 5pm at the JKIA where President Uhuru Kenyatta, senior government officials and Catholic bishops will receive him.
Traffic will be disrupted along Mombasa Road, Uhuru Highway and State House Road from 4pm on Wednesday,
