Kenya Gov't Declares October 10th a Public Holiday to Mark Moi Day

Interior Cabinet Secretary Fred Matiang’i has declared October 10th as a public holiday to mark Moi Day.

In a statement sent to newsrooms on Monday, Matiang’i said the decision follows a High Court ruling issued in November last year.

“In Judicial Review No. 292 of 2017  the Court affirmed that the 10th of October remains a public holiday to be observed as such. Going by this decision therefore 10th of October shall be a public holiday.”

However, Matiang'i said the government could not issue guidelines on how the holiday will be celebrated because it is not among the national days recognized under Article 9(3) of the Constitution.

“The framers of our Constitution wisely stated in Article 9(3) that we shall celebrate our National heroes in one day – namely Mashujaa Day – which is set for 20th October each year.  By that decision they renamed Kenyatta Day, Mashujaa Day and invited the country to recognise our other heroes alongside the Founding Father of our Nation, on that day.

“…owing to the elaborate celebrations lined up for all our heroes on Mashujaa Day (20th of October), I make no pronouncement on the manner in which 10th of October shall be celebrated'” said Matiang’i.

On November 8th, 2017 High Court Justice George Odunga ruled that the scrapping of Moi Day was an illegality and was in contravention of the law.

“I hereby grant a declaration that the omission to have the 10th day of October observed as a public holiday is an illegality and in contravention of Section 2(1) as read with part 1 of the schedule to the Public Holidays Act,” stated Odunga in part of his ruling.

The judge nevertheless gave a procedure on how Moi Day can be formally be abolished.

“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 said.

The ruling was made after a Kenyan, Gregory Nyauchi challenged in court the decision to scrap Moi Day as a public holiday. In his petition, Nyauchi argued that scrapping of the public holiday denied employees their entitlement as stipulated in the Employment Act.

Moi Day was abolished from the list of public holidays in 2010 following the promulgation of the new Constitution. The day was celebrated since 1988, when retired President Daniel Moi was marking 10 years in power.