Omission of October 10 as a public holiday, Moi day is an illegality and contravention of the law, High Court has ruled.
Judge George Odunga in a ruling on Wednesday noted Moi day is public holiday that should still be observed.
He said Parliament should amend the law in the event that the holiday should be scrapped in entirety.
“Unless Parliament amends Schedule 1 of the Public Holidays Act or the minister substitutes the same for another date, October 10 in each year shall continue being a public holiday,” said the High Court Judge according to Daily Nation.
Moi day was last observed in 2009.
He said in spite of his ruling, it should not be considered unlawful for not observing the public holiday in the past years.
The case had been filed by Gragory Oriaro Nyaechi. He sued the Attorney General Prof Githu Muigai, Interior CS Fred Matinag’i and his counterpart for East Africa Community, Labour and social protection Phylis Kandie.
His argument in court was that the repeal of law ignored the day and that employees would be denied their holiday entitlements since they sign a contract indicating their off days.