- Raila made the declaration two days ago as he steps up efforts to pile pressure on President William Ruto’s regime.
- The holiday he said is to allow Kenyans to participate in planned demonstrations with the destination set for the State House.
The High court has said there is a laid down procedure for the declaration of public holidays in Kenya.
Justice Hedwig Ong’undi made the remark following a case filed by former Nairobi Governor Mike Sonko who has sued Azimio leader Raila Odinga for unlawfully arrogating to himself powers delegated to the CS Interior to declare Monday a public Holiday.
Raila made the declaration two days ago as he steps up efforts to pile pressure on President William Ruto’s regime.
The holiday he said is to allow Kenyans to participate in planned demonstrations with the destination set for the State House.
“I have perused the pleadings and have not found any gazette notice by the cabinet secretary in charge of interior declaring Monday a public holiday as per section 3 of the public holiday's act,” said Justice Ong’undi
The Judge explained that the case filed by Sonko is of great public interest.
She directed the pleadings be served on all the parties immediately ahead of the mention on Tuesday for further directions.
Sonko in his case has sued Azimio leader Raila Odinga, Kalonzo Musyoka, Jeremiah Kioni, Martha Karua, Eugene Wamalwa, Azimio la Umoja One Kenya Coalition, Wiper Democratic Party, George Wajackoya, Wycliffe Oparanya, CS Interior, Inspector General of Police and the Attorney General.
He has sought an order prohibiting Odinga’s team from declaring or stating Monday to be a public holiday.
Also sought was an order that the CS Interior Kithure Kindiki issue directions to the IG to assist in the arrest of any of Raila’s team declaring or announcing Monday to be a public holiday and taking part in Azimio public demonstrations.
Arrests, he says, should also be made to any that shall damage any private or public property during the demonstrations.
Sonko says the declaration and public announcement by Raila are unlawful and were meant to incite law-abiding citizens into believing that Monday was an officially declared holiday when in actual fact it is not.
Their constitution recognizes only 3 national days.
Madaraka Day that is observed on June 1, Mashujaa Day observed on October 20 and Jamhuri Day observed on December 12.
The ex-county chief explains that the entity constitutionally authorized and empowered to prescribe any other public holidays is Parliament through lawfully enacted legislation.
“Raila has certainly not been delegated to whimsically announce and declare any day a holiday. His utterances of denigrating and abusing the presidency by calling President William Ruto an illegally elected President is a violation of the constitution and which this court must bring to heel,” he says.