Interior Cabinet Secretary Fred Matiang'i has declared Thursday, October 10, 2019, a public holiday in line with a 2018 court decision.
Matiang'i's statement read, "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 and 4 Others) it is hereby confirmed that 10th October 2019 will be a public holiday."
"Kenyans are encouraged to mark the day with selfless acts of service to their community that seek to promote patriotism, national unity, social justice, cohesion and sustainable development in their communities for the benefit of present and future generations," the statement read.
The October 10 holiday was reintroduced in 2018 after being removed from the list of national holidays following the promulgation of the Constitution in August 2010.
However, a court ruling in November 2017 by Justice George Odunga reinstated the day on grounds that its removal was in contravention of the Public Holidays Act.
Odunga further stated that the 10th October of each year shall continue being a public holiday unless and until parliament amends schedule 1 of the Public Holidays Act, or the minister substitutes the same for another date.
However, in his decision, the judge said that it is not up to the court to prescribe the manner in which the day is to be celebrated.
Should the government comply with the High Court's order, the Interior CS is supposed to Gazette Wednesday, October 10 as a public holiday.
According to the Public Holidays Act (Cap. 110) (3): "The Minister may at any time if he thinks fit, by notice in the Gazette, declare any day to be a public holiday either in addition to the days mentioned in the Schedule or in substitution for any of those days and either throughout Kenya."
The report by Justice Odinga went further adding that the Interior CS can in any district, area or part thereof, and thereupon any day he appoints be a public holiday in all respects as if it were a day mentioned in the Schedule
