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{
    "id": 498361,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/498361/?format=api",
    "text_counter": 51,
    "type": "speech",
    "speaker_name": "Sen. Haji",
    "speaker_title": "",
    "speaker": {
        "id": 26,
        "legal_name": "Yusuf Mohammed Haji",
        "slug": "yusuf-haji"
    },
    "content": "Then there must be some confusion here, but let me just read it. The Senator sought to know whether the governors have legal authority to declare a public holiday. If not, what appropriate action should be taken against a governor who makes such a declaration? Mr. Deputy Speaker, Sir, regarding the authority to declare public holiday, I would like to state as follows:- 1. The law is explicitly categorical as to the public holidays celebrated in the Republic and the authority by whom other public holidays may be declared. Article 9 of the Constitution sets out the national days which are also public holidays, celebrated in the Republic. These are:- (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. 2. The Constitution further provides for Parliament to enact a law to prescribe other public holidays and observance of public holidays. 3. In this respect, the primary legislation governing the subject of public holidays is as per Act Cap 104. Section 2 read with the First Schedule to the Act further provides a list of public holidays observed in the Republic. 4. Significantly, Section 3 confers upon the Cabinet Secretary for Interior and Coordination and National Government, the power to declare other public holidays either in addition or substitution of the list provided in the Schedule. Section 3 further states:- “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 the substitution for any of those days and either throughout Kenya or in any district, area or part thereof, and thereupon any day so appointed shall be a public holiday in all respects as if it were a day mentioned in the Schedule, in Kenya or the locality specified in the notice; and where, in any year, any day is so declared to be a public holiday in substitution for any of the days mentioned in the Schedule such latter day shall in such year cease to be a public holiday in Kenya or the locality specified in the notice.” 5. In the above circumstances, the issue of national and public holidays celebrated in the Republic is a matter effectively determined by the Constitution and the laws of the country. The authority to declare any other public holiday is vested upon the Cabinet Secretary for Interior and Coordination of National Government. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}