In a press statement sent to newsrooms, Jubilee top house leaders Aden Duale and Prof Kithure Kindiki has begged resurgent CORD leader Raila Odinga to allow Kenyans go to work. Raila declared Saba Saba Day a public holiday as the country moves closer to one (possibly) one of the ugliest political confrontation ever.
Mr. Raila Odinga, a losing candidate in last yearâ€™s election, has claimed that Saba Saba, 7 July 2014, is a national holiday, and asked Kenyans not to go to work on the day.
He has no power to do so. The constitution lists (a) Madaraka Day, to be observed on 1st June; (b) Mashujaa Day, to be observed on 20th October; and (c) Jamhuri Day, to be observed on 12th December, as national days and national holidays. Saba Saba is not among them.
Under Article 9(5) of the constitution, Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays. Under Â§3 of the Public Holidays Act, the relevant member of the executive branch of government may alter or add to public holidays.
Mr Odinga is not in Parliament. Mr Odinga is not a member of the executive arm of government. Mr Odinga has no power to declare a national holiday. His attempt to do so violates the law. It is consistent with his fondness for anarchy, his opposition to the rule of law, his disregard for the property and safety of Kenyans, and his confrontational politics.
These tendencies are clear to Kenyans who long ago noticed that he has rejected the results of every election in which he has run as a Presidential candidate (1997, 2007, 2013). In the instances in which he has chosen confrontation and anarchy, there has been substantial violence, death, and destruction of property, for which he has never taken responsibility.
Hon. Aden Bare Duale and Dr. Kithure Kindiki.