This archive report was first published on 10 October 2019.
Kenya: Moi Day Saved Seven Years After Scrapping ¶
October 10, 2019
For nearly two decades, Kenyans observed October 10 as Moi Day. However, in 2010, the day was scrapped as one of the public holidays in Kenya following the promulgation of the new Constitution in August of that year.
Seven years later, a court case was filed by Mr. Gregory Oriaro Nyauchi, who argued that the law was never repealed to completely scrap Moi Day as a public holiday. He claimed that there was a 'blatant ignorance' of the day and that employees would be denied their holiday entitlements since they sign a contract indicating their off days.
The court ruled in favor of Mr. Nyauchi, stating that public holiday computation dictates legal time and affects the contents of an employment contract. The judge, Justice George Odunga, ruled that Moi Day remains a public holiday and not a national holiday, as there is a difference between the two.
"It is not up to the court to prescribe the manner in which the day is to be celebrated," Justice Odunga ruled in his November 6, 2017 decision.
While granting reprieve to workers, the judge ruled that not unless Parliament amends Schedule 1 of the Public Holidays Act or the Interior Cabinet Secretary substitutes the same for another date, October 10 will remain and continues to be a public holiday.
Interior CS Fred Matiang'i has since affirmed that October 10 remains a public holiday, urging Kenyans to mark the day with selfless acts of service to their community that promote patriotism, national unity, social justice, cohesion, and sustainable development.
Unlike national holidays, it is not mandatory for public holidays to be marked with a national address from the President. The Constitution does not demand any official celebrations on those days. However, all national days are public holidays, but most public holidays are not national days.
Here is a list of other public holidays in Kenya and when they are celebrated:
- New Year's Day: January 1
- Good Friday: March or April
- Easter Monday: March or April
- Labour Day: May 1
- Madaraka Day: June 1 (National holiday)
- Idd-ul-Fitr: Date depending upon the appearance of the moon
- Idd-ul-Adha: Date depending upon the appearance of the moon
- Moi Day: October 10
- Mashujaa Day: October 20 (National holiday)
- Jamhuri Day: December 12 (National holiday)
- Christmas Day: December 25
- Boxing Day: December 26
