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Happy Moi day
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Wainadi
#31 Posted : Friday, October 10, 2014 1:31:12 PM
Rank: Member

Joined: 8/6/2013
Posts: 640
Uram wrote:
Happy Moi Day

Happy one to you too.
Its all good.
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murchr
#32 Posted : Wednesday, November 08, 2017 8:44:04 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Ati Judge Odunga has reinstated Moi day. Is that constitutional?

Katiba 2010 wrote:


9. (1) The national symbols of the Republic are––

(a) the national flag;
(b) the national anthem;
(c) the coat of arms; and
(d) the public seal.

(2) The national symbols are as set out in the Second Schedule.

(3) The national days are––

(a) Madaraka Day, to be observed on 1st June;
(b) Mashujaa Day, to be observed on 20th October; and
(c) Jamhuri Day, to be observed on 12th December.
(4) A national day shall be a public holiday.
(5) Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.

"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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Lolest!
#33 Posted : Wednesday, November 08, 2017 8:59:52 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
murchr wrote:
Ati Judge Odunga has reinstated Moi day. Is that constitutional?

Katiba 2010 wrote:


9. (1) The national symbols of the Republic are––

(a) the national flag;
(b) the national anthem;
(c) the coat of arms; and
(d) the public seal.

(2) The national symbols are as set out in the Second Schedule.

(3) The national days are––

(a) Madaraka Day, to be observed on 1st June;
(b) Mashujaa Day, to be observed on 20th October; and
(c) Jamhuri Day, to be observed on 12th December.
(4) A national day shall be a public holiday.
(5) Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.


He was relying on Public Holidays Act? If it was never amended, then I think he's right
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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2012
#34 Posted : Wednesday, November 08, 2017 9:29:45 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Kwani these judges are going rogue?

BBI will solve it :)
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quicksand
#35 Posted : Thursday, November 09, 2017 9:08:45 AM
Rank: Veteran

Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
Lolest! wrote:
murchr wrote:
Ati Judge Odunga has reinstated Moi day. Is that constitutional?

Katiba 2010 wrote:


9. (1) The national symbols of the Republic are––

(a) the national flag;
(b) the national anthem;
(c) the coat of arms; and
(d) the public seal.

(2) The national symbols are as set out in the Second Schedule.

(3) The national days are––

(a) Madaraka Day, to be observed on 1st June;
(b) Mashujaa Day, to be observed on 20th October; and
(c) Jamhuri Day, to be observed on 12th December.
(4) A national day shall be a public holiday.
(5) Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.


He was relying on Public Holidays Act? If it was never amended, then I think he's right


Perused it ...Part I has listed the usual holidays twice, separated by a line break. The first one does not list Moi day, while the second one does.
I think this is a simple, clerical or typesetting mistake (proof readers very much asleep at the AG's office).
My common sense interpretation of it arrives at the conclusion that the constitution's explicit exclusion of Moi day as a National Day should trump a confusing and conflicting section of a parliamentary law. In my opinion, the judge should have simply sent the act back to parliament for clarification/correction without issuing reinstatement orders.
But then I could wrong. Cue the winded, Rube Goldberg-esque interpretations the legal fraternity are so fond of ( Laughing out loudly )

Relevant link:
http://kenyalaw.org/lex/...HolidaysAct21of1912.pdf
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Iganamagana
#36 Posted : Thursday, November 09, 2017 10:37:26 AM
Rank: Veteran

Joined: 3/27/2009
Posts: 1,437
2012 wrote:
Kwani these judges are going rogue?


We have a judiciary that seems to operate in a vacuum. Some rulings make you wonder whether the judges have ever stepped in Kenya. I know there is fidelity to the law and constitution lakini.........
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Lolest!
#37 Posted : Sunday, October 07, 2018 12:20:58 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
The week of confusion. 5 working days or 4? Moi Day iko, haiko?
Lolest! wrote:
murchr wrote:
Ati Judge Odunga has reinstated Moi day. Is that constitutional?

Katiba 2010 wrote:


9. (1) The national symbols of the Republic are––

(a) the national flag;
(b) the national anthem;
(c) the coat of arms; and
(d) the public seal.

(2) The national symbols are as set out in the Second Schedule.

(3) The national days are––

(a) Madaraka Day, to be observed on 1st June;
(b) Mashujaa Day, to be observed on 20th October; and
(c) Jamhuri Day, to be observed on 12th December.
(4) A national day shall be a public holiday.
(5) Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.


He was relying on Public Holidays Act? If it was never amended, then I think he's right

Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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masukuma
#38 Posted : Sunday, October 07, 2018 9:39:09 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
Iganamagana wrote:
2012 wrote:
Kwani these judges are going rogue?


We have a judiciary that seems to operate in a vacuum. Some rulings make you wonder whether the judges have ever stepped in Kenya. I know there is fidelity to the law and constitution lakini.........

lakini nini? if you don't want it.. toa kwa law... simple things. laws can be changed..
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Iganamagana
#39 Posted : Monday, October 08, 2018 8:22:58 AM
Rank: Veteran

Joined: 3/27/2009
Posts: 1,437
masukuma wrote:
Iganamagana wrote:
2012 wrote:
Kwani these judges are going rogue?


We have a judiciary that seems to operate in a vacuum. Some rulings make you wonder whether the judges have ever stepped in Kenya. I know there is fidelity to the law and constitution lakini.........

lakini nini? if you don't want it.. toa kwa law... simple things. laws can be changed..


Kina Duale na Murkomen never saw the need for addressing this issue since November?
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Sober
#40 Posted : Monday, October 08, 2018 9:29:11 AM
Rank: Elder

Joined: 11/27/2007
Posts: 3,604
Iganamagana wrote:
masukuma wrote:
Iganamagana wrote:
2012 wrote:
Kwani these judges are going rogue?


We have a judiciary that seems to operate in a vacuum. Some rulings make you wonder whether the judges have ever stepped in Kenya. I know there is fidelity to the law and constitution lakini.........

lakini nini? if you don't want it.. toa kwa law... simple things. laws can be changed..


Kina Duale na Murkomen never saw the need for addressing this issue since November?


We are waiting for the all important gazette.
African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
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