As per the High Court of Nairobi, the nation's procedure for announcing public holidays is well-established.
High Court Judge Hedwig Ong'udi stated while giving instructions on Friday after former Nairobi Governor Mike Sonko filed a petition opposing Raila Odinga, the head of the Azimio la Umoja One Kenya coalition party, has declared Monday was a holiday.
Due to its alleged high public relevance, the High Court Judge ruled that the topic would be discussed on Tuesday of the following week.
I read the petition, motion notice, and certificate of urgency, all dated March 17, 2023. According to the court's directions, I have not found any gazette notification by the Cabinet Secretary in charge of the Interior announcing March 20, 2023, a federal holiday as required by the Constitution.
After Raila declared Monday, March 20, 2023, a public holiday so Kenyans may participate in planned rallies on Tuesday of this week, Sonko filed the case.
The opposition leader urged Kenyans to participate in the planned statewide mass protest to pressure the government to decrease living costs while addressing his supporters in Siaya County.
He forecasted the peaceful demonstrations and urged participants to conduct themselves politely.
"We do not support any carnage or violence. It will be cordial, and I have also said I don't want to shake hands. He claimed we were only doing this because there was no other option.
"On behalf of Azimio One Kenya Alliance, we declare Monday, March 20, a public holiday.
Since then, the former premier has been under fire from government officials and religious leaders alike for claiming the right to establish a public holiday although, according to the law, only the Interior Cabinet Secretary has such capacity.