[SIZE=7]What Atwoli Predicted on Raila Unlawfully Declaring a National Holiday[/SIZE]
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[li]By WASHINGTON MITO on 17 March 2023 - 2:14 pm[/li]
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COTU boss Francis Atwoli and former Prime Minister Raila Odinga at a past event
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A video of Central Organisation of Trade Union (COTU) boss, Francis Atwoli predicting former Prime Minister Raila Odinga unlawfully declaring a holiday resurfaced on Friday, March 17, days after his prediction came to pass.
In the video captured on October 26, 2020, during the Building Bridges Initiative (BBI) launch, Atwoli indicated that the former premier was among the few politicians who had the guts to declare a public holiday.
He noted that the ODM boss had a huge following and would be able to influence the country’s operations if he declared a holiday.
Atwoli added that only the late Kenneth Matiba and Raila wielded such powers.
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A file image of the late Businessman Kenneth Matiba.
"Raila is among the few Kenyans, and I can say that he is the only one after the Late Kenneth Matiba who can give a holiday outside the government-gazetted ones…If he says that people should not go to work and go to Uhuru park, he does not need facilitation, and that venue will be full," he stated.
The video of Atwoli emerged days after Raila unlawfully declared Monday, March 20, a public holiday.
According to Raila, the holiday would enable them to hold their mass action against President William Ruto’s government.
Since the emergence of the video, Kenyans opined on Atwoli’s prediction, which passed barely two years after his remarks.
Legally, Raila does not have the power to declare a public holiday. According to the Public Holidays Act, only the Interior Cabinet Secretary can gazette a public holiday.
“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 substitution for any of those days and either throughout Kenya,” reads the Act in part.
Notably, the Ministry of Interior refuted reports that CS Kithure Kindiki had gazetted March 20 as a holiday after a fake Gazette notice emerged online.
Meanwhile, Ruto advised his arch-rival to work with the Interior CS and the police to ensure that the March 20 demonstration does not turn violent.
“It is your responsibility to work with the police to ensure that for the rest of the citizens in Kenya, their lives are not disrupted their property is not destroyed and their businesses are not affected and they can go to work, you can carry out demonstrations,” the President stated.
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Interior Cabinet Secretary (CS) Kithure Kindiki
Ministry of Interior on Friday, March 17, flagged a viral Gazette Notice that purported to declare Monday as a Public Holiday.
The gazette notice was alleged to have been signed by Interior CS, Kithure Kindiki, in line with former Prime Minister, Raila Odinga’s, mass action declaration.
Kenyans were thus allegedly granted the holiday to attend the mass action called by Azimio La Umoja.
“It is notified for general information that in the exercise of the powers conferred by sections 3 as read with section 2 (2) of the Public Holidays Act (Cap. 110), the Cabinet Secretary for Interior and Co-ordination of National Government declares Monday, 20th March 2023 a public holiday marking Mass Action Day,” the fake notice claimed.
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From left: Former Prime Minister Raila Odinga, Narc Kenya Leader Martha Karua, Wiper Party Leader Kalonzo Musyoka, and Narok Senator Ledama Ole Kina salute their supporters during a rally in Migori County on March 10, 2023.
The Ministry reiterated that March 20, was a normal working day, contrary to the opposition’s demands.
In a joint interview with Mount Kenya vernacular Radio and TV stations, Deputy President Rigathi Gachagua noted that Raila has no power within the law to declare a Public Holiday.
While responding to Narc-Kenya Leader Martha Karua’s request for a Public Holiday, Raila, on Tuesday, March 14, noted that Azimio supporters were granted the chance to participate in the mass action.
“We ask you, your excellency, to declare that day [Monday, 20 March] a public holiday so we can get on with this matter [anti-govt demos]. We can’t have rigged elections year in, year out," Karua requested.
Raila immediately heeded Karua’s pleas, declaring, “I hereby now declare today in the name of Azimio la Umoja One Kenya Alliance Coalition that Monday the 20th of March will be a public holiday.”
His declaration of a Public Holiday drew mixed reactions from Kenyans, including the Prime Cabinet Secretary, Musalia Mudavadi, who asked employees to ignore Azimio La Umoja’s call for mass action.
“You cannot be walking around telling people you want somebody to observe the rule of law and you yourself are so blatantly breaking the same, giving fictitious declarations that have no legal basis,” Mudavadi stated.
Mudavadi urged Azimio La Umoja leaders to table their concerns through the right channels and build a nation anchored by the rule of law.
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