Point in Time
1.
Short title

This Act may be cited as the Public Holidays Act.

2.
Public holidays
(1)

The days specified in Part I of the Schedule shall in every year be kept as public holidays.

(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.

(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.

(4)

The day in any year during which a general election is held following the dissolution of Parliament shall be a public holiday.

(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.]

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.

[Act No. 47 of 1952, s. 3, L.N. 604/1963, Sch., L.N. 124/1964, Sch, Act No. 20 of 2020, Sch.]

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.

[Act No. 2 of 1984, s. 3.]

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.

(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.

[Act No. 2 of 1984, s. 3.]

6.
[Repealed by Act No. 21 of 1966, 1st Sch.]

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., Act No. 3 of 2024, Sch.]

PART I

New Years Day ................................

1 January

Good Friday ...................................

March or April

Easter Monday ...............................

March or April

Labour day ....................................

1st May

Madaraka Day .................................

1st June

Idd-ul-Fitr ........................................

Date depending upon the appearance of the moon

Mazingira Day ..................................

10th October

Mashujaa Day ...................................

20th October

Jamhuri Day ......................................

12th December

Christmas ...........................................

25th December

Boxing Day .......................................

26th December

PART II

Idd-ul-Azha ..............................

Date depending upon the appearance of the moon

PART III

Diwali ......................................

Date depending upon the appearance of the moon