Justice George Odunga Orders Moi Day Restored as a Public Holiday
The High Court has ordered the October 10th public holiday, formerly celebrated as Moi Day be reinstated. Delivering the ruling, High Court Judge George Odunga stated that it was illegal and and a violation of the Public Holidays Act to omit October 10th as a public holiday.
The judge however failed to prescribe the manner in which the Holiday will be celebrated, saying its the task of Parliament and the Interior Cabinet Secretary to do so.
“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.”
In his ruling, Judge Odunga 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 in the past celebrated on October 10th to honor retired President Daniel arap Moi, but was struck off 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.
Comments
Why are we celebrating these…
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Why are we celebrating these dictators and corrupt former presidents? We are in trouble today because of their detrimental leadership that worsened tribalism, nepotism and corruptions.
We needs also to have a…
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We needs also to have a Guest1 day.
Buy her tea as promised. Is…
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In reply to We needs also to have a… by Sokora (not verified)
Buy her tea as promised. Is it you or anonymous who promised?
Guest1, was it me?
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In reply to Buy her tea as promised. Is… by Ougi (not verified)
Guest1, was it me?
I guess we celebrate every…
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I guess we celebrate every Tom and Dick holiday in Kenya.WHAT A WASTE.
Who is this judge to demand…
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Who is this judge to demand that Kenyans celebrate and recognise a former president. Kwani lets start by celebrating my birthday I too was born in Kenya and did not rule with an iron fist for 24 years or appoint my kinsmen to plum jobs nor did I name every school hospital or road after me. But now I feel it is time to do that
These are classic symptoms…
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These are classic symptoms of idleness and boredom . The sooner we get out of this election mess the better. Otherwise judges wataanza kushona sweeters.
Now who the heck brought…
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Now who the heck brought this case to the courthouse? Or did Odunga just wake up this morning and decided we need another holiday? Haven't we had enough of them this year only?
We need a holiday in…
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We need a holiday in November. There i one already in October. How about Thanks Giving day in November?
Can we have a holiday Oct…
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Can we have a holiday Oct 26th too- it has significant meaning to some of us .............. just hatin'
George Odunga lazima…
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George Odunga lazima alikunywa maziwa ya nyayo that why he miss him
How much was this "..." paid…
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How much was this "..." paid by Adolph Moi to say what he said?
Moi was a horrible President…
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Moi was a horrible President.
We can always celebrate his fall.
Too many holidays in Kenya.
It can be renamed MAUTI DAY…
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It can be renamed MAUTI DAY or DESTRUCTION DAY or even CORRUPTION/LOOTERS DAY.Hii ni judiciary bure ya majaji walagai na wafisadi wakuu.
The Professor of Politics…
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The Professor of Politics lightened up politics and the social scene like no other president before or since. Despite the rebellion from Mt Kenya Mafia and attempted coups from Lakeside Goons Kenya enjoyed 24 years of bliss. Not even the strip teasing and nude shows organised by the late Wangari Mathaai could dampen the exuberance we enjoyed. Then there were the frequent Sunday Church attendance. Did this nation honour God! Today's political class is a blasphemous brood that would rob their geriatric grandparents to fund their insatiable greed for material wealth and extravagant orgies. Oh that we would once more put God first and Mammon aside.
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