In Summary
  • The day was scrapped as one of the public holidays during the promulgation of the new Constitution in August 2010.
  • Mr Gragory Oriaro Nyauchi took the matter to court, claiming that the law was never repealed to completely scrap this very day as a public holiday.
  • Interior CS Fred Matiang’i affirmed that October 10 remains a public holiday even though it was removed from the list of national holidays.

For nearly over 20 years, Kenyans marked October 10 as Moi Day.

But during the promulgation of the new Constitution in August 2010, the day was scrapped as one of the public holidays in Kenya.

However, seven years later, a Mr Gragory Oriaro Nyauchi took the matter to court, claiming that the law was never repealed to completely scrap this very day as a public holiday.

In his case against the Cabinet secretaries for Interior and Labour together with the Attorney-General, he argued that there was a “blatant ignorance” of that day.

The Federation of Kenya Employers (FKE) and the Central Organisation of Trade Union (COTU) were listed as interested parties in the case.

EMPLOYMENT CONTRACT

Mr Nyauchi also mainly claimed that there was a likelihood that employees would be denied their holiday entitlements since they sign a contract indicating their off days.

And despite the fact that the sued parties told court that there is no legal obligation to ensure a public holiday is observed, Justice George Odunga agreed with the petitioner that public holiday computation dictates legal time and affects contents of an employment contract.

The judge ruled that as a matter of fact, Moi Day remains a public holiday and not a national holiday since there is a difference between those 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.

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