This archive report was first published on 9 October 2019.
Kenya's High Court made a significant decision in November 2017, restoring 10th October as a public holiday. This ruling came after lawyer Gregory Oriaro Nyauchi filed a case to reinstate the holiday, which had been removed from the list of national holidays in August 2010 following the promulgation of the Constitution of Kenya.
According to the court ruling, the only way the holiday could be scrapped was if the Parliament changed the law to do so or the Cabinet Secretary for Interior substituted it with another public holiday. The judge, George Odunga, did not specify how Kenyans should celebrate the day, but it was clear that 10th October was indeed a public holiday.
Lawyer Gregory Nyauchi, who filed the case, stated that the law was his motivation for taking action. He noted that the Public Holidays Act, which was amended during former President Moi's time, recognized Moi Day as a public holiday, not a national day. Nyauchi also pointed out that public holidays provide Kenyans with extra days off, which is essential for rest and relaxation.
When the holiday was first marked in 2018, Kenyans were happy to hear the news, with some suggesting that former President Mwai Kibaki should also have a holiday in his name. The change in the constitution had previously removed Moi Day, but it was reinstated as a public holiday in 2017.
Interior Cabinet Secretary Dr. Fred Matiang'i released a statement noting that Thursday was a public holiday, but did not specify how Kenyans should celebrate the day.
