The High Court has ordered the October 10th public holiday, formerly celebrated as Moi Day be reinstated. Delivering the ruling, High Court Judge George Odunga stated that it was illegal and and a violation of the Public Holidays Act to omit October 10th as a public holiday.
The judge however failed to prescribe the manner in which the Holiday will be celebrated, saying its the task of Parliament and the Interior Cabinet Secretary to do so.
“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.”
In his ruling, Judge Odunga cited cases in South Africa, where the Court considered as a remedy to "regulate the effective date of order of invalidity so that the order operates prospectively rather that retrospectively."
“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 stated.
Moi Day was in the past celebrated on October 10th to honor retired President Daniel arap Moi, but was struck off following the promulgation of the Constitution of Kenya in August 2010.
“Whereas that does not sanitise a patently illegal action or inaction, the Court appreciates that there may be certain actions which might have been undertaken on the said date which, being a public holiday ought not to have been undertaken,” Judge Odunga ruled.