Shining a light on Diwali: an assessment for recognizing it as a public holiday in Kenya according to Article 32 of the Kenyan Constitution 2010

Abstract

This comprehensive research endeavours to illuminate the legal, cultural, and social dimensions surrounding the potential recognition of Diwali as a public holiday in Kenya, in alignment with the constitutional provisions enshrined in Article 32 of the Kenyan Constitution (2010). The study takes a holistic approach to investigate the constitutional guarantee of freedom of religion and its implications for recognizing Diwali as a public holiday, emphasizing the importance of cultural inclusivity and respect for diverse religious practices. The research delves into the historical and cultural significance of Diwali within the Kenyan context, exploring the traditions, rituals, and communal celebrations associated with this Hindu festival. It critically analyses the existing legal framework governing public holidays in Kenya, assessing the feasibility and legal implications of formally acknowledging Diwali as a public holiday. Through an examination of relevant case law, statutory provisions, and scholarly literature, the research aims to contribute to the broader discourse on constitutional rights, cultural diversity, and the evolving nature of legal frameworks. The findings seek to offer nuanced recommendations for legal and policy considerations, addressing the dynamic intersection of law, culture, and religion in the Kenyan constitutional context. Ultimately, "Shining a Light on Diwali" aspires to be a valuable resource for legal scholars, practitioners, and policymakers, providing a nuanced understanding of the complexities surrounding the recognition of Diwali as a public holiday and advocating for a legal framework that reflects the principles of inclusivity and cultural sensitivity within the Kenyan legal system.