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Judge George Odunga of Kenya's High Court has ruled that the omission of Moi Day, on October 10, as a public holiday in Kenya, since 2010, was "an illegality and a contravention of the Public Holidays Act" and 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".
Recall that, in late 2010, Kenya's government announced at the last minute that, effective immediately, and as per the then recently-promulgated new constitution, October 10, the day previously observed as Moi Day, would no longer be a public holiday in Kenya (2010-10-07), as per the elements of the then new constitution, ever since the first drafts of the new constitution were circulated by Kenya's Committee of Experts on Constitutional Review (2009-11-21).
The ruling is not retroactive ("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").
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