A ruling delivered by Judge George Odunga stated that the omission to have October 10 observed as Public Holiday is an illegality and a contravention of the Public Holidays Act/FILE
NAIROBI, Kenya Nov 8 – The High Court has reinstated Moi Day as a Public Holiday.
A ruling delivered by Judge George Odunga stated that the omission to have October 10 observed as Public Holiday is an illegality and a contravention of the Public Holidays Act.
Judge Odunga however refrained from prescribing the manner in which the day is to be celebrated noting that is the mandate of Parliament and the Interior Cabinet Secretary.
“I further 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.”
The judge however says his decision will not act retrospectively and as such any act of commission or omission that fall on the previous years that was not celebrated is not affected.
The Judge cited cases in South Africa, where the Court considered as a remedy to ‘regulate the effective date of order of invalidity so that the order operates prospectively rather that retrospectively,’
“It is therefore my view that whatever orders the Court issue herein, they must only operate prospectively with the result that whatever actions taken on 10th October in the previous years which ought not to have been undertaken are not to be considered unlawful by the mere fact of this decision,” he stated.
Moi Day was a Public Holiday celebrated on October 10 to honoured retired President Daniel arap Moi but it was removed from the list of Kenya national holidays following the promulgation of the Constitution of Kenya in August 2010.
“Whereas that does not sanitise a patently illegal action or inaction, the Court appreciates that there may be certain actions which might have been undertaken on the said date which, being a public holiday ought not to have been undertaken,” Judge Odunga ruled.
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