10th October which was marked as Moi Day, in the past was made redundant by the passing of the new constitution in 2010 but still remains in the Public Holidays Act, Cap 110. Until CS Fred Matiang’i declared otherwise.
The law was meant to be updated to fit with the constitution but that hasn’t happened yet. Further to that, a court in 2017 ruled that the 10th of October remains a public holiday to be observed as such.
The Government while affirming the holiday, did not give directions as to how the day will be celebrated so Kenyans will just get a nice day to chill and rest.
Interior Cabinet Secretary Fred Matiang’i has declared October 10th a public holiday.
In a statement issued Monday, Dr Matiang’i, however, said he would not make any pronouncement on how the holiday will be celebrated.
Dr Matiang’i said that following a ruling by High Court judge Justice George Odunga in November 2017 which reinstated October 10 as a public holiday, the ministry had no option but to declare Moi Day a public holiday.
“The framers of our Constitution wisely stated in Article 9(3) that we shall celebrate our national heroes in one day – namely Mashujaa Day – which is set for 20th October each year. By that decision they renamed Kenyatta Day, Mashujaa Day and invited the country to recognise our other heroes alongside the founding father of our nation on that day,” he said
“Kenyans should note that the Public Holidays Act was enacted before the effective date of the Constitution of Kenya 2010 (that is to say 27th August 2010),” added the CS
He also noted that as an emerging economy, Kenyans need to optimally utilise their time working and building the nation, “and this might have advised the reduction of public holidays through those amendments.”
The public holidays recognized by the constitution are Madaraka, Mashujaa and Jamhuri.