We have been robbed! For the last seven years, October 10 has been just another normal working day following the promulgation of the new Constitution.
The public holiday, formally known as Moi Day, had been celebrated since 1988 when President Daniel Arap Moi was marking 10 years in power.
But thanks to one aggrieved Kenyan, identified as Gregory Nyauchi, we have another free day in the year to engage in whatever we do best; drinking and making wrong choices, at the expense of Mzee Moi’s egotistical sense of self-importance.
According to Nyauchi, the scrapping of the holiday had the ripple effect of denying employees their entitlement as provided in the Employment Act.
On Wednesday, Justic George Odunga ruled in favor of the petitioner, saying the scrapping of Moi Day was illegal and in contravention of the Public Holidays Act.
“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.
He noted that Parliament had been wrong for not making amendments and forcing Kenyans to “toil on a day the law expressly directs to be a public holiday amounts to violation of their rights unless the exception is section 5 of the Public Holiday Acts apply”.
The Judge, nonetheless, gave an outline on how Moi Day can be formally scrapped.
“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 said.
The judge further said it is not incumbent on the court to decide how the day should be celebrated.
Following the ruling, Kenyans on social media platforms took notice, and as expected, had something to say.
We have sampled some reactions from Kenyans on Twitter, some of whom have demanded compensation. Knowing Matiang’i, it would be a miracle if that came to be.
Thank You Justice Odunga for bringing back Moi Day as a Public Holiday. My people, the Kalenjin Nation, have your back. We’ll not forget.
— Donald B Kipkorir (@DonaldBKipkorir) November 8, 2017
Moi Day will be a reminder of the pain Kenya went through for 24 years because of one selfish dictator. If we celebrate the real heroes of our land, Moi isn’t even a cobbler!
— Otiende Amollo (@HonOAmollo) November 9, 2017
Eti Judge brings back Moi Day? Hehehe. Hii Kenyan courts. Si they order twitter to introduce edit function & ban 280 characters thingi!
— Mohamed Wehliye (@WehliyeMohamed) November 8, 2017
I can’t wait to see Moi Giving Speech on the Coming Moi day.
Retweet if you miss Moi Speech.
His Last Words while In Power. pic.twitter.com/nnnL30s56i
— Alisaifullah Ibrahim (@Abulaaibah1) November 8, 2017
I am planning to move to court to file a petition requesting the court to change Moi Day to Raila Odinga Day, he has been in the forefront in fighting for the liberation of Kenyans from dictators such as Moi, we need to Resist Moi Day and celebrate Raila
— Hon Rachael Shebesh (@Rachael_Shebesh) November 9, 2017
This nation judiciary is the world’s best… You want Moi day? You get Moi Day pic.twitter.com/IQ7Z5wwyLi
— Gitau® (@ItsGitau) November 9, 2017
Sasa Matiangi atupatie November 10th as compensation for this yr Moi Day. We are also willing to negotiate on how to recover the other 6.
— Ja’Rusinga (@ajanjaot) November 8, 2017
It is only fair that CS Matiang’i declares one week holiday in honor of the past 7yrs we didn’t celebrate Moi Day
— Dr.Jesse (@YishaiYishai) November 8, 2017
— Chris Chepkalum (@Chris_Chepkalum) November 9, 2017
Great suggestions… It should be backdated..
— Joseph Mudema (@mudema_Joseph) November 8, 2017
And it should be in early Jan.
— Nellih (@SuilenK) November 8, 2017
Yeah! I second u on this! we need a holiday to celebrate as make up for all the lost #MoiDays the past few years i was at work….😂😂Can u imagine we been working on a holiday all this while….????
— Nancy Kay (@nancykeigh) November 9, 2017
And matiangi might not buy 7 days idea…we just from a 5 days one less than a month… But he can be convinced to make us another Christmas
— Ja’Rusinga (@ajanjaot) November 9, 2017
We R willing to diallogue
— AllI HUSSEIN (@mwalimu001) November 8, 2017
Yes. And we won’t even need sitting allowance.
— Ja’Rusinga (@ajanjaot) November 8, 2017
Someone Just Tweeted that They want a Week(7 Days)holiday compensation for the 7 years we didn’t have the Moi Day Holiday….
— Ruth Chelagat (@ruthchelahS) November 9, 2017
😂😂😂 ……am with you on this 😀😀
— That girl next door (@caroline_achola) November 8, 2017
Moi day is back!Long live Mr President.I rem singing 4 him on 2 occasions;Kisumu centenary celebrations & @Rae girls sec when I was in Form2
— Suzanna Owiyo – OGW (@SuzannaOwiyo) November 8, 2017
Moi Day is back. And since we have passed October, can it be carried forward to….say December 10…. for this year only? https://t.co/fSLLALoEcE
— Ahmed Mohamed (@Asmali77) November 8, 2017
Moi day restored but we are in November 😂😂😂😂pic.twitter.com/AxeFqNinGA
— Emcee Benjamins (@McBenjamins254) November 9, 2017
George Odunga’s judgments and rulings are always insane and lacking sobriety. Moi day is not anchored in our in our constitution. So is Kenyatta; this is a matter that was done and settled in our new constitution (2010). The decision will be overturned.
— NG’ANG’A THE BLOGGER (@IamNjokiKelvin) November 8, 2017
In view of His Majesty Justice Odunga’s judgement that Moi day was removed unconstitutionally,I suggest that we compensate for it on the 27th Dec this year before reverting to its original date. The law is very clear.
— Mso (@MsoMuthoni) November 9, 2017