[quote=Uram]Happy Moi Day[/quote]
Happy one to you too.

[quote=murchr]Ati Judge Odunga has reinstated Moi day. Is that constitutional?

[quote=Katiba 2010]

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.

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

[quote=Lolest!][quote=murchr]Ati Judge Odunga has reinstated Moi day. Is that constitutional?

[quote=Katiba 2010]

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.

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

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 ( :-d )

Relevant link:
http://kenyalaw.org/lex/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/P/Public%20Holidays%20Act%20Cap.%20110%20-%20No.%2021%20of%201912/docs/PublicHolidaysAct21of1912.pdf

The week of confusion. 5 working days or 4? Moi Day iko, haiko?
[quote=Lolest!][quote=murchr]Ati Judge Odunga has reinstated Moi day. Is that constitutional?

[quote=Katiba 2010]

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.

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

[quote=masukuma][quote=Iganamagana][quote=2012]Kwani these judges are going rogue?[/quote]

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

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