Source:The Nation (Nairobi)
Posted: Tuesday, October 8, 2019
Kenya's Interior Cabinet Secretary, Fred Matiang'i, has announced that, for the second time since 2010, the government of Kenya had declared Thursday, October 10, 2019, as a public holiday, despite the Interior ministry having been in the process of introducing a bill to Parliament to amend the Public Holidays Act, Cap 110, and cancel Moi Day as a public holiday in Kenya.
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, a couple of years ago (2017-11-09), 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").
Moi Day was therefore reinstated last year (2019-10-08), though after a lot of hesitation (2018-10-01).
Links and References
Below are links to the news stories referred to in the above "Kenya Maintains October 10 Public Holiday" news story, as well as links to subsequents news stories which refer to the present news story.