Interior CS Matiang’i declares October 10 public holiday

Interior Cabinet Secretary Fred Matiang'i, who has announced that Wednesday, October 10, will be a public holiday. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • High Court Judge George Odunga in November 2017 reinstated October 10 as a public holiday.
  • Judge Odunga said the nullification of the holiday was a contravention of the Public Holidays Act.
  • Dr Matiang'i explained that October 10 is not among the national days recognised under Article 9(3) of the Constitution.

Interior Cabinet Secretary Fred Matiang’i has declared October 10 a public holiday.

In a statement issued Monday, Dr Matiang’i, however, said he would not make any pronouncement on how the holiday will be celebrated.

Dr Matiang’i said that following a ruling by High Court judge Justice George Odunga in November 2017 which reinstated October 10 as a public holiday, the ministry had no option but to declare Moi Day a public holiday.

Judge Odunga said the nullification of the holiday was a contravention of the Public Holidays Act after a petitioner, George Nyauchi, sued the ministry over its decision.

"The Ministry of Interior and Coordination of National Government has noted the increased public debate on whether or not October 10 is a public holiday....Going by this (High Court) decision therefore, 10th of October shall be a public holiday," said Dr Matiang'i in the press statement.

However, the CS said that the ministry will not say how the day will be marked as plans for the Mashujaa Day celebrations on October 20 are in top gear.

"Owing to the elaborate celebrations lined up for all our heroes on Mashujaa Day, I make no pronouncement on the manner in which 10th of October shall be celebrated," he said.

PROPOSALS

He explained that the Interior ministry was in the process of making proposals to Parliament for the comprehensive review of the Public Holidays Act, Cap 110, and in line with Section 7 of the Sixth Schedule to the Constitution, and arising from the High Court ruling but was unfortunately caught up with time.

The proposals were aimed at addressing all outstanding matters with respect to public holidays while also embracing the spirit of the Constitution on how Kenyan heroes will be celebrated.

Dr Matiang'i explained that October 10 is not among the national days recognised under Article 9(3) of the Constitution, saying that the national days are Madaraka, Mashujaa and Jamhuri.

"Provisions on public holidays are found in the Constitution, the Public Holidays Act (Cap 110, Laws of Kenya) and in case law. The framers of our constitution wisely stated in Article 9(3) that we shall celebrate our national heroes in one day – namely Mashujaa Day – which is set for 20th October each year.

"By that decision, they renamed Kenyatta Day Mashujaa Day and invited the country to recognise our other heroes, alongside the founding father of our Nation, on that day.

“Kenyans should note that the Public Holidays Act was enacted before the effective date of the Constitution of Kenya 2010 (that is to say 27th August 2010)," added the CS.

He called on Kenyans to take pride in supporting economic advancement and the well-being of families and communities, saying that as an emerging economy, Kenyans needs to optimally utilise their time working and building the nation.