The High Court has directed that a case challenging Azimio leader Raila Odinga’s declaration that Monday is a public holiday be heard on Tuesday, March 21.
Justice Hedwig Ogundi while giving directions in the case filed by former Nairobi Governor Mike Sonko said that the case is of great public interest.
According to the law only the Interior Cabinet Secretary has the authority to declare public holidays.
“By his said impugned utterances during the stated Public Rally Raila confirmed the imperative necessity of this Honourable Court to issue Conservatory Orders, since the Constitution of Kenya has expressly declared and demarcated in Article 9 (3)4) and (5) of the Constitution of Kenya such of the National holidays celebrated in Kenya, which are public holidays,” Sonko argues in court documents.
Sonko also faults Raila Odinga saying he used inciteful utterances that have led to unlawful assemblies.
“As recognized organizers of any public demonstrations the said respondents are bound to ensure that their activities throughout the said demonstrations are peaceful,” he added.
“The Respondents have clearly demonstrated that they are unprepared, unwilling and repugnant to engage in the peaceful exercise of the Article 37 Constitutional rights, by reason of which this Honourable Court is entitled to intervene as sought,” he argues.