Interior Cabinet Secretary Fred Matiang’i has declared October 10, Wednesday, a public holiday.
In a statement to newsrooms on Monday, Mating’i said, “In Judicial Review No. 292 of 2017, the court affirmed that October 10 remains a public holiday to be observed as such. Going by this decision therefore 10th of October shall be a public holiday.”
A court ruling in November last year directed that October 10 be set aside as a public holiday. However, it is unclear how Moi Day will be celebrated as it is not recognised in the Constitution as a national day.
“Kenyans should note that the Public Holidays Act was enacted before the Effective Date of the Constitution of Kenya 2010 (that is to say 27th, August 2010) and 10th of October is not among the national days recognised under Article 9(3) of the Constitution. The national days are Madaraka, Mashujaa and Jamhuri,” read the statement.
In his ruling on November 8, 2017, Justice George Odunga ruled that the scrapping of Moi Day was done illegally. The day is meant to celebrate former President Daniel Moi.
In the case, the court was told striking off Moi Day denies Kenyans a right to have a day off. Unless Parliament changes the law to scrap it or the minister for Interior substitutes it with another fete, Kenyans will still observe the day.