9 November 2017

Kenya: Moi Day is Still a Public Holiday, Judge Rules

Photo: The Nation
Retired President Daniel Arap Moi addresses the public at Tegat in Bomet (file photo).

Moi Day is still a public holiday which should be observed.

This is according to High Court Judge George Odunga who on Wednesday delivered a ruling stating that omission to have October 10 observed as public holiday is an illegality and a contravention of the Public Holidays Act.

However, as if putting a disclaimer to his decision, the judge said that it is not up to the court to prescribe the manner in which the day is to be celebrated.


The judge said that the Parliament needs to amend the law if not the October 10 continues to be a public holiday.

"Unless Parliament amends Schedule 1 of the Public Holidays Act or the minister substitutes the same for another date, October 10 in each year shall continue being a public holiday, " he said.

He also said that regardless of his orders, the fact that Moi day has not been observed since after 2010, that should not be considered as unlawful.

The judge delivered the ruling in a case filed by Gragory Oriaro Nyaechi.

Mr Nyaechi had sued Cabinet Secretaries for Interior and the East Africa Community, Labour and social protection ministries as well as the Attorney General.

The Federation of Kenya Employers (FKE) and the Central Organisation of Trade Union (COTU) were listed as interested parties in the case.

Mr Nyaechi argued that the fact that the law was never repealed there was a blatant ignorance of that day.


He also claimed that there was a likelihood that employees would be denied their holiday entitlements since they sign a contract indicating their off days.

But the sued parties told court that there is no legal obligation to ensure a public holiday is observed.

In his ruling, the judge agreed with Mr Nyaechj that public holiday computation dictates legal time and affects contents of an employment contract.

He however said that there is a difference between a public holiday and a national holiday.

More on This

High Court Judge Rules 'Moi Day' is Still a Public Holiday

Moi Day is still a public holiday which should be observed. Read more »

See What Everyone is Watching

Copyright © 2017 The Nation. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 600 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.