Justice Odunga reinstates Moi Day, to be marked on October 10
The High Court has reinstated October 10 as a public holiday saying its nullification was a contravention of the Public Holidays Act.
Justice George Odunga, however, did not specify how the holiday should be celebrated leaving the matter to Parliament and the Interior Cabinet Secretary.
He noted that if parliament was of the view that Moi Day ought not to continue being considered as a public holiday, they should have amended the Act accordingly.
“I declare that unless and until Parliament amends Schedule 1 of the said Act or the minister substitutes the same for another date, the 10th of October in each year shall continue being a Public Holiday.”
Judge Odunga said Parliament had been wrong for not making amendments and forcing Kenyans to “toil on a day the law expressly directs to be a public holiday amounts to violation of their rights unless the exception is section 5 of the Public Holiday Acts apply”.
The ruling followed a case which was filed by Gregory Nyauchi against the Cabinet Secretaries for Interior, East Africa Community, Labour, and the Attorney General.
COTU was listed as an interested party in the matter.
Nyauchi said administrative action by the Interior CS had the ripple effect of denying employees their entitlement as provided in the Employment Act.
Moi Day was removed from the list of national holidays following the promulgation of the Constitution of Kenya in August 2010.
The new Constitution recognises only three public holidays namely Madaraka Day (June 1), Mashujaa Day (October 20) and Jamhuri Day (December 12).
Religious holidays such as Idd-ul-Fitr, Christmas and Easter are observed as per the relevant Acts of Parliament.