This archive report was first published on 9 October 2019.
On October 9th, 2019, Interior Cabinet Secretary Fred Matiang'i declared Thursday, October 10th a public holiday to mark Moi Day, a move that aligns with a 2017 High Court ruling.
Moi Day was first celebrated in 1988 to commemorate President Daniel Arap Moi's 10 years in power. However, the holiday was removed from the list of public holidays following the promulgation of the new Constitution in 2010.
High Court Justice George Odunga ruled in November 2017 that the scrapping of Moi Day was illegality and had been done in contravention of the law. He issued an outline on how Moi Day can be formally scrapped from the list of public holidays, but stated that it would continue to be observed until parliament amends the Public Holidays Act or the minister substitutes the same for another date.
Gregory Nyauchi, a Kenyan, had moved to court to challenge the decision to stop observing Moi Day as a public holiday, arguing that the scrapping of the holiday denied employees their entitlement as provided in the Employment Act.
‘In line with the provisions of the Public Holidays Act (Cap 110, Laws of Kenya) and the decision of the court in Judicial Review No. 292 of 2017 (Republic v Cabinet Secretary for Internal Security Ex Parte G O Nyauchi & 4 Others) it is hereby confirmed that 10th October 2019 will be a public holiday,’ Matiang’i stated in part.
