Laws Raila Broke In Declaring Public Holiday On March 20 & Consequences
The former Prime Minister revealed that the public holiday will allow Kenyans to participate in the mass action.
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Azimio la Umoja leader, Raila Odinga's declaration of a public holiday on Monday, March 20 on the same day he scheduled for mass action in Nairobi has generated confusion across the country.
Addressing a political rally on Tuesday, March 14, in Siaya County, the former Prime Minister revealed that the public holiday will allow Kenyans to participate in the mass action.
"Monday is on. I hereby now declare today in the name of Azimio la Umoja-One Kenya alliance coalition that Monday, March 20 will be a public holiday," he announced.
He further noted that this will allow their supporters who would be typically at work on a Monday to join them in the rally.
Raila had made the announcement after his former running mate, Martha Karua lamented that Kenyans could not protest on Monday and go to work.
"I am requesting Raila to declare that day a public holiday to allow us to complete this work. We cannot keep having elections rigging every year, it has to stop.
"The people must use their constitutional right to ensure that they allow the person who the people chose to take over the leadership of the country. Let us join the rally to save this nation. This fight is for the people of Kenya," Karua stated.
Why Raila Does Not Have Powers To Declare Public Holidays
However, the Constitution of Kenya in the Public Holiday Act only gives the Minister for Interior the mandate to declare public holidays through a Gazette at any time he thinks fit. Section 3 of the Act gives the Interior minister powers to declare as a public holiday any day outside the originally-assigned public holidays.
“The minister may at any time if he thinks fit, by notice in the Gazette, declare any day to be a public holiday either in addition to the days mentioned in the Schedule or in substitution for any of those days,” says Section 3 of the Public Holidays Act.
In addition, the Act gives a head of a department of the Government or other employers powers to open their offices and call their employees to perform their duties required of them on a public holiday.
"The provisions of this Act shall be subject to any written law or individual agreement under which an employee may be required to work on public holidays under specified or agreed conditions as to rates of pay," adds the Act.
Kenya's public holidays are: New Year, Good Friday, Easter Monday, Eid-al-Fitr, Labour Day, Madaraka Day, Eid-al-Adha, Mashujaa Day, Jamhuri Day, Christmas and Utamaduni Day.
Many believe that Raila's declaration outside the powers vested in authority could land him in trouble with the law, as he may have impersonated the Interior Cabinet Secretary (CS), the only one who can declare a public holiday.
"Raila Odinga, picking the cue, from Martha Karua purports to declare March 20, 2023, a 'public holiday' to enable his followers to protest against the government. He has impersonated the Interior CS and could be charged with impersonation and incitement to breach of public peace," Stephen Mutoro, who is also the Consumers Federation of Kenya (COFEK) Secretary General, tweeted.
According to Section 105(b) of the Penal Code: "Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment is guilty of a misdemeanour." The offence of impersonation carries a maximum jail sentence of three (3) years.
Section 95(1)(b) of the Penal Code indicates that "Any person who brawls or in any other manner creates a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of a misdemeanour and is liable to imprisonment for six months."
Usurping Authority Powers Again
It is worth it to note that this is not the first time Raila is usurping powers vested in authority.
On January 30, 2018, Raila had himself sworn in as the “people’s president” in the presence of thousands of supporters at Uhuru Park, Nairobi following the contested results of the 2017 presidential elections which were nullified by the Supreme Court, but Raila boycotted the repeat poll.
The ODM leader and the defunct National Super Alliance (NASA) never accepted the legitimacy of the August and October elections that resulted in the second term presidency of former President Uhuru Kenyatta.
Raila's refusal to accept President William Ruto as a legitimate president following their August 9 contest largely forms part of his call for mass action on March 20.
He has since blamed the Ruto administration for failing to lower the cost of living and refusing to open IEBC servers to ascertain who won the August 9, 2022, general elections
Raila Odinga swearing in as the people's president on January 30, 2018. /FILE
