High court has declared that decision to scrap Moi day as a public holiday is illegal and in contravention of section 2(I) as read with part 1 of the public Holiday Act.
“I further declare that unless and until Parliament amends schedule I of the said Act or the minister substitutes the same for another date, the 10 of October in each year shall continue being a court holiday” ruled Odunga J.
Justice George Odunga in his 24 page judgment further directed that 10th October each year shall and should continue to be a public holiday until parliament amends the said schedule 1 of the public Holiday Act or the minister substitutes the same for another date.
The court noted that if parliament was of the view that Moi day ought not to continue being considered as a public holiday nothing would have been easier that for it to amend the act accordingly.
“By not doing so and subjecting Kenyans to toll on a day the law expressly provides ought to be a public holiday amounts to a violation of their right unless the exception is section 5 of the public Holiday act apply, “ruled Odunga.
The orders were issued after an aggrieved Kenyan moved to court to challenge the decision to stop observing Moi day as a public holiday after the promulgation of the new constitution in 2010 .
According to the petitioner the said administrative action by cabinet secretary for internal security had the ripple effect of denying employees their entitlement as provided in the Employment Act.
However, the court appreciated that the said day has not been treated as a public holiday since the promulgation of the constitution of Kenya 2010.
Justice Odunga further noted that he was not convinced that to grant the declaratory orders sought would seriously embarrass and prejudice the security of the state.
” To the contrary , it would have the effect of upholding the right of applicant and his fellow workers” observed Odunga J.
