The High Court has reinstated October 10th as a public holiday.
The court ruled that the nullification of the October 10th holiday was a contravention of the Public Holidays Act.
In giving his ruling, Justice George Odunga, did not give specifications how the holiday should be marked thus leaving the issue up to Parliament and the Interior ministry.
The judge noted that Parliament ought to have amended the Act accordingly if in case they were of the view that Moi Day should not be marked as a public holiday in the country.
“I 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.” The judge ruled.
According to Judge Odunga, Parliament was wrong for not making amendments and letting Kenyans go to work on a day that the law expressly marked as a public holiday, a move that the judge says amounts to violation of their rights.
