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{
    "id": 498363,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/498363/?format=api",
    "text_counter": 53,
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    "content": "6. Article 3 of the Constitution solemnly enjoins “every person to respect, uphold and defend the Constitution.” The Public Holidays Act, Cap 104, is not clear as to the ensuing consequence of unlawful declaration of public holiday. The authority to declare public holidays emanates from a law made pursuant to the provision of the Constitution. 7. Therefore, any declaration otherwise than is prescribed by law would amount to a breach of the Constitution. In the event that such a decision has been taken by a county governor, the law provides the following remedial actions:- (a) Under Article 181, such a governor may be subjected to removal from office if it is determined that they have acted in gross violation of the Constitution and the law. “A county governor may be removed from office on any of the following grounds:- (a) Gross violation of the Constitution or any other law.” (b) Further, any person acting in the public interest may institute legal proceedings alleging violation of the Constitution under Article 258(1) and seek appropriate orders to safeguard the Constitution. The Article states:- “Every person has the right to institute court proceedings, claiming that this Constitution has been contravened or is threatened with contravention.” (c) Additionally, as shown above, the responsibility of making such a declaration is a function vested in the national Government by law. Accordingly, the decision by a governor to make such a declaration would amount to a dispute between the two levels of Government. In this respect, the Intergovernmental Relations Act, 2012 enjoins the national and county governments to take all reasonable steps to resolve the matter amicably before resorting to judicial proceedings. Section 31 of the Act provides as follows:- “The national and county governments shall take all reasonable measures to:- (a) resolve disputes amicably and; (b) apply and exhaust the mechanisms for alternative dispute resolution provided under this Act or any other legislation before resorting to judicial proceedings as contemplated by Article 189(3) and (4) of the Constitution.” Mr. Deputy Speaker, Sir, this statement is signed by the Solicitor-General, Njee Muturi."
}