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| 1. |
Short title
This Act may be cited as the Public Holidays Act.
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| 2. |
Public holidays
| (1) |
The days specified in Part I of the Schedule shall in every year be kept as public holidays.
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| (2) |
The days specified in Part II of the Schedule shall, in addition to the days specified in Part I thereof, in every year be public holidays for all persons belonging to the Islamic faith.
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| (3) |
The days specified in Part III of the Schedule shall, in addition to the days specified in Part I thereof, in every year be public holidays for all persons belonging to the Hindu faith.
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| (4) |
The day in any year during which a general election is held following the dissolution of Parliament shall be a public holiday.
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| (5) |
The day in any year during which a President-elect is sowrn in shall be a public holiday.
[Act No. 47 of 1952, s. 2, L.N. 604/1963, Sch., Act No. 34 of 1964, s. 2, Act No. 2 of 1984, s. 2, Act No. 9 of 1990, Act No. 10 of 1997, Sch, Act No. 12 of 2012, s. 21.]
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| 3. |
Alteration or addition of public holiday
The Cabinet Secretary 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 or in any sub-county 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.
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| 4. |
When public holiday falls on a Sunday
Where, in any year, a day in Part I of the Schedule falls on a Sunday, then the first succeeding day, not being a public holiday, shall be a public holiday and the first-mentioned day shall cease to be a public holiday.
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| 5. |
Savings
| (1) |
Notwithstanding the provisions of this Act, the head of a department of the Government may open the offices and premises thereof, and call upon persons employed therein to perform such of their duties as he may require of them, on a public holiday.
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| (2) |
The provisions of this Act shall be subject to any written law or individual agreement under which an employee may be required to work on public holidays under specified or agreed conditions as to rates of pay, days off in lieu, or otherwise.
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SCHEDULE [s. 2]
[Act No. 47 of 1952, s. 6, Act No. 34 of 1964, s. 4, L.N. 135/1964, Act No. 21 of 1966, First Sch., L.N. 190/1971, Act No. 2 of 1984, s. 4, Act No. 9 of 1990, Corr. No. 71/1990, Act No. 18 of 2018, Sch, Act No. 20 of 2020, Sch.]
PART I
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New Years Day ................................
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1 January
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Good Friday ...................................
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March or April
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Easter Monday ...............................
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March or April
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Labour day ....................................
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1st May
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Madaraka Day .................................
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1st June
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Idd-ul-Fitr ........................................
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Date depending upon the appearance of the moon
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Utamaduni Day..................................
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10th October
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Mashujaa Day ...................................
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20th October
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Jamhuri Day ......................................
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12th December
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Christmas ...........................................
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25th December
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Boxing Day .......................................
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26th December
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PART II
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Idd-ul-Azha ..............................
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Date depending upon the appearance of the moon
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PART III
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Diwali ......................................
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Date depending upon the appearance of the moon
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