All eyes are on Interior CS Fred Matiang’i to see whether he will gazette next Wednesday, October 10 as a public holiday.
This follows a decision by the High Court in November last year to restore this day, formerly referred to as Moi Day, as a public holiday.
In his ruling, Justice George Odunga declared that scrapping of Moi Day as a holiday was against the law.
He said: “I hereby grant a declaration that the omission to have the 10th day of October observed as a public holiday as an illegality and in contravention of Section 2(1) as read with part 1 of the schedule to the Public Holidays Act.”
However, as if putting a disclaimer to his decision, the judge said that it is not up to the court to prescribe the manner in which the day is to be celebrated.
The judge said that the Parliament needs to amend the law if not the October 10 continues to be a public holiday.
“Unless Parliament amends Schedule 1 of the Public Holidays Act or the minister substitutes the same for another date, October 10 in each year shall continue being a public holiday, ” he said.
He also said that regardless of his orders, the fact that Moi day has not been observed since after 2010, that should not be considered as unlawful.
The ruling was not challenged at the Court of Appeal.
NORMAL WORKING DAY
This ruling puts to bed the confusion that has surrounded the status of this day for the better part of the last decade.
During former President Daniel Moi’s rule, Moi Day was a designated holiday but then after Mwai Kibaki and later Uhuru Kenyatta ascended to the throne, it has been considered a normal working day.
On Monday, Kiambu Principal magistrate Justus Kituku enhanced Maribe’s detention days to 11 after lawyers pointed out to him that Moi Day was declared a holiday by High Court last year.
Nairobi News has reached out to the Interior ministry for a comment.