Utamaduni Day or Huduma Day? Confusion among Kenyans
Kenyans across the country have today celebrated Utamaduni Day, the second time the holiday was observed in the country after it had been scrapped off for seven years.
This is after Interior Cabinet Secretary Fred Matiang’i declared today a public holiday (Utamaduni Day) initially celebrated to honour the late retired President Daniel Arap Moi.
Matiang’i urged Kenyans to celebrate the rich cultural diversity and heritage of Kenya in a manner that promotes unity, national cohesion, and economic progress.
“In line with section 2 (1) and 4 and part one of the schedule of public Holidays Act (cap 110) and pursuant to the declaration of the High Court of November 6th 2017 (Judicial Review 292 nof 2017: Republic vs Cabinet Secretary for Internal Security ex parte Gregory Oriaro Nyauchi and four others), it is hereby notified that Monday, October 10, 2022, will be a public holiday,” stated Matiang’i.
For nearly over 20 years, Kenyans marked October 10 as Moi Day. During the promulgation of the new Constitution in August 2010, the day was scrapped as one of the public holidays in Kenya.
The renaming of Moi Day followed a High Court ruling by Justice George Odunga with the view that if parliament wanted to scrap the holiday, the House should have amended the Public Holidays Act.
In the case, lawyer Gregory Nyauchi had sued the Cabinet Secretaries for Interior, East Africa Community, Labour, and the Attorney General.
Odunga observed that the omission of the holiday was an illegality and a breach of the Public Holidays Act that declared the scrapping of the holiday as an illegality in 2017.
“I hereby grant a declaration that omission to have the 10th day of October observed as a public holiday is an illegality. I further declare that unless Parliament amends the Act or the minister substitutes for another date, October 10 shall, in each year, continue being a public holiday,” ruled Justice Odunga.
Justice Odunga was of the view that if parliament wanted to scrap the holiday, the House should have amended the Public Holidays Act.
In the Moi Day case, the court heard that the administrative decision to strike off the public holiday in turn denied workers their right to have a day off and allowances for that day.
The ruling followed a case filed in court to challenge the removal of Moi Day from a list of Kenyan national holidays recognised in the country following the promulgation of the 2010 Constitution. The judgement saw the holiday restored after a seven-year break.
In December 2019, the Cabinet approved its renaming to Huduma Day and later Utamaduni Day in 2020 to celebrate the country’s rich cultural diversity.
The Non-Governmental Organisations (NGO) Council of Kenya and Members through its chairperson Stephen Kipchumba Cheboi joined all Kenyans to mark the day.
“The NGO Council of Kenya and all its NGOs Members shall continue to promote the cultural diversity of all Kenya. As the country marks this important day we urge all Kenyans and leaders to continue embracing one another at all times and keep coexisting with one another,” Cheboi stated.
In a communication to newsrooms, the Presidential Strategic Communications Unit said the renaming of the holiday was in line with Moi’s desire that the day should be ‘commemorated as a day of service and volunteerism’.
Kenya has 12 public holidays, five of them based on religion. One holiday, Labour Day, is set aside to celebrate workers in different sectors.
Four holidays are based on the country’s independence and two presidents. Kenyatta Day was however converted to Mashujaa Day.
Boxing Day is also set in the law as a public holiday. Theories have it that people are supposed to open gifts exchanged on Christmas Day.
Utamaduni day has been set aside to celebrate the country’s rich cultural diversity.
