By The Editor
November 7th, 2017
The High Court of Kenya has reinstated October 10 as Moi Day ruling that its nullification was unconstitutional and contravention of the Public Holidays Act.
In a ruling on Wednesday by Justice George Odunga, he gave a directive that Moi Day should be celebrated as a public holiday leaving the parliament to specify how the holiday should be celebrated.
He said the parliament should have amended the Act accordingly if it ought not to continue celebrating Moi Day.
“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,” ruled the judge.
He further faulted the Parliament for failing to make the necessary amendments to the section 5 of the Public Holidays Act thereby forcing Kenyans to work on a day that the law directly states should be a public holiday. That is tantamount to violation of their rights.
Moi Day was scrapped off from the list of national holidays following the 2010 promulgation of the Constitution of Kenya. Kenyans haven’t celebrated the holiday for the past 7 years.
The case was filed by Nyauchi Gregory against the Interior CS, Attorney General, and the East Africa Community (EAC) cabinet secretary.
Central Organisation of Trade Union (COTU), was listed as an interested party. Nyauchi noted that the administrative action of scrapping the holiday by the CS had an effect on employees by denying them their entitlement to celebrate the holiday as provided in the Labour Laws and Employment Act.
Daniel Arap Moi is the second president of Kenya and ruled the country for 24 years until his retirement in 2002.