Source:The Nation (Nairobi)
Posted: Monday, October 8, 2018
Most recent follow-up news item: October 9, 2020
Kenya's Interior Cabinet Secretary, Fred Matiang'i, has announced that the government of Kenya had declared Wednesday, October 10, 2018, as a public holiday, even as his Interior ministry was in the process of making proposals to Parliament for a comprehensive review of the Public Holidays Act, Cap 110.
Well into last week (2018-10-01), the status of the upcoming Moi Day was unclear, as Kenya's Interior Minister, Fred Matiang’i, had not announced whether October 10, 2018, would be a non-working public holiday, or not, in Kenya.
Recall that, in late 2010, Kenya's government had 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).
However, last year (2017-11-09), Judge George Odunga of Kenya's High Court 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", a ruling that was, however, 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").
Links and References
Below are links to the news stories referred to in the above "Kenya Declares October 10 Public Holiday" news story, as well as links to subsequents news stories which refer to the present news story.