18 years ago, former President Daniel Toroitich Arap Moi declared October 10 to be marked as a state occasion to mark his 10 years in Power.
Moi day was first marked in 1989 as a state occasion. But two years before Moi retired, he declared it a day of private dedication to the less fortunate.
Moi Day was struck out of the public holidays list in 2010 following the promulgation of the new Constitution.
An aggrieved Kenyan, Gregory Nyauchi, moved to court to challenge the decision to stop observing Moi Day as a public holiday.
High Court judge justice George Odunga in his ruling on November 8, 2017 said the scrapping of Moi Day is an illegality and was in contravention of the law.
“I hereby grant a declaration that the omission to have the 10th day of October observed as a public holiday is an illegality and in contravention of Section 2(1) as read with part 1 of the schedule to the Public Holidays Act,” stated Odunga in part of his ruling.
The judge, nonetheless, gave an outline on how Moi Day can be formally scrapped.
Interior Cabinet Secretary Dr. Fred Matiang’i on Monday announced that Wednesday, October 10 will be a public holiday as directed in a High Court ruling issued in November last year.
In a statement to newsrooms, Dr. Matiang’i said: “In Judicial Review No. 292 of 2017 the Court affirmed that the 10th of October remains a public holiday to be observed as such. Going by this decision therefore 10th of October shall be a public holiday.”
The CS, however, noted that the government could not give direction on how Moi Day will be celebrated as its not among the national days recognised under Article 9(3) of the Constitution.
“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.
“…owing to the elaborate celebrations lined up for all our heroes on Mashujaa Day (20th of October), I make no pronouncement on the manner in which 10th of October shall be celebrated’” said Matiang’i.