Sonko Sues Raila, Seeks To Stop Illegal March 20 Public Holiday
The Judge further explained that the case filed by Sonko is of great public interest...
Marvin Chege 
Former Nairobi Governor Mike Sonko has filed a lawsuit against Azimio la Umoja leader, Raila Odinga, over unlawfully declaring Monday, March 20 as a public holiday ahead of mass action.
Justice Hedwig Ong’undi of the High Court noted that there is a laid down procedure for the declaration of public holidays in Kenya and that Interior Cabinet Secretary (CS) Kithure Kindiki has not declared the same.
The Judge further explained that the case filed by Sonko is of great public interest and directed Sonko to serve his application for inter parties hearing on Tuesday, March 21 for further directions.
Raila Odinga during a rally in Kiambu town on March 17, 2023. /RAILA ODINGA
Sonko in his case has sued Raila as well as Azimio principals Kalonzo Musyoka, Jeremiah Kioni, Martha Karua, Eugene Wamalwa, Azimio la Umoja One Kenya Coalition, Wiper Democratic Party, George Wajackoya, Wycliffe Oparanya, CS Interior, Inspector General of Police and the Attorney General.
He also sought an order prohibiting Raila's team from declaring or stating March 20 to be a public holiday.
Also sought was an order that the CS Interior Kithure Kindiki issue directions to the IG to assist in the arrest of any of Raila’s team declaring or announcing Monday to be a public holiday and taking part in Azimio public demonstrations as well as arrests of anyone that shall damage any private or public property during the demonstrations.
Sonko added that the declaration and public announcement by Raila are unlawful and were meant to incite law-abiding citizens into believing that Monday was an officially declared holiday when it is not officially declared as per the law.
The ex-county boss further explained that the entity constitutionally authorized and empowered to prescribe any other public holidays is Parliament through lawfully enacted legislation.
“Raila has certainly not been delegated to whimsically announce and declare any day a holiday. His utterances of denigrating and abusing the presidency by calling President William Ruto an illegally elected President is a violation of the constitution and which this court must bring to heel,” he stated.
The lawsuit comes after Raila's illegal declaration of a public holiday on March 20 drew widespread criticism, majorly from the Kenya Kwanza government and including President William Ruto.
Speaking during a meeting with leaders from the Western Region, the Head of State slammed the former Prime Minister for making up his own laws and claiming that he is above the Constitution of Kenya.
"You cannot tell us that you have another set of laws that you make in your mind and pass in your thoughts and you want to tell us that you are above the law, that you do not recognise our Constitution, that you do not recognise the laws of Kenya.
"You cannot tell us while the rest of us abide by the Constitution respect the laws of Kenya and faithfully submit to the authority and the constitution of the laws of Kenya. You want to tell us that you have your own set of laws that you enforce through ultimatums, demonstrations that you enforce by force and blackmail using chaos and violence. It cannot be the case," he addressed.
On March 17, the Ministry of Interior flagged down a viral Gazette Notice that purported to declare Monday as a Public Holiday.
However, Raila remained adamant in his unlawful declaration, and through Minority Leader in the National Assembly Opiyo Wandayi, he demanded employers release their employees to allow them the right to take part in what he termed as their national duty.
"They should release their employees and allow them to participate in their national duty. The media, of course, will be on duty," Wandayi claimed.
