High Court Judge George Odunga has reinstated Moi Day celebrated on October 10 as a Public Holiday.
Judge Odunga ruled that the failure to observe the day as a public holiday was an illegality and a contravention of the Public Holidays Act.
The Judge, however, did not describe the manner in which the holiday should be celebrated leaving the mandate to Parliament and the Interior Cabinet Secretary.
Odunga noted that his decision would not affect any act of commission or omission on the previous years that the holiday was not celebrated.
“I further declare 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," Judge Odunga stated.
[caption caption="Former President Daniel Arap Moi"]
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“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,” he added.
Moi Day was initially a public holiday celebrated in honour of retired President Daniel arap Moi.
It was, however, removed from the list of Kenya national holidays in 2010 following the promulgation of the new Constitution.
The Constitution further saw Kenyatta Day celebrated on October 20 in honor of first Kenyan President Mzee Jomo Kenyatta changed to Mashujaa Day.
The name was changed in an effort to ensure all Kenyan heroes and heroines are honoured during the celebrations.
[caption caption="President Uhuru Kenyatta inspects a guard of honour during the Mashujaa Day celebrations "]
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