Public Holidays Act

Cap. 110

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Citation
Cap. 110
Date
Language
English
Type
Act
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LAWS OF KENYA

PUBLIC HOLIDAYS ACT

CAP. 110

  • Assented to on 16 October 1912
  • Commenced on 18 May 1984
  1. [Amended by Public Holidays (Amendment) Act, 1952 (Act No. 47 of 1952) on 5 November 1952]
  2. [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 2) Regulations, 1963 (Legal Notice 604 of 1963) on 1 June 1963]
  3. [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
  4. [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 2) Order, 1964 (Legal Notice 124 of 1964) on 12 December 1963]
  5. [Amended by The Public Holidays Act - Declaration (Legal Notice 135 of 1964) on 5 May 1964]
  6. [Amended by Public Holidays (Amendment) Act, 1964 (Act No. 34 of 1964) on 1 October 1964]
  7. [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
  8. [Amended by Public Holidays Act - Amendment of Schedule (Legal Notice 190 of 1971) on 17 September 1971]
  9. [Amended by Public Holidays (Amendment) Act, 1984 (Act No. 2 of 1984) on 18 May 1984]
  10. [Amended by Public Holidays (Amendment) Act, 1990 (Act No. 9 of 1990) on 14 September 1990]
  11. [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
  12. [Amended by Assumption of the Office of President Act (Cap. 6C) on 9 March 2013]
  13. [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
  14. [Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
  15. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  16. [Amended by Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
An Act of Parliament to make provision for public holidays

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
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1. Mwau & 2 others v Independent Electoral & Boundaries Commission & 2 others; Aukot & another (Interested Parties) (Election Petition 2 & 4 of 2017) [2017] KESC 54 (KLR) (11 December 2017) (Judgment) 6 citations
2. Arale v Independent Electoral and Boundaries Commission & 4 others (Election Petition Appeal E013 of 2023) [2023] KECA 1045 (KLR) (28 July 2023) (Judgment)
3. Kanya v Attorney General Republic of Kenya & 2 others (Constitutional Petition E085 of 2022) [2022] KEHC 3284 (KLR) (Constitutional and Human Rights) (14 June 2022) (Judgment)
4. Kioko v Amolo & 11 others; Commission for Integration & National Cohesion & 2 others (Interested Parties) (Petition E079 of 2023) [2023] KEHC 19951 (KLR) (Constitutional and Human Rights) (30 June 2023) (Ruling)
5. Mbindi v County Executive Committee Member for Lands, Urban/Physical Planning, Housing & Municipalities County Government of Bungoma & 2 others (Environment and Land Constitutional Petition E002 of 2024) [2024] KEELC 7542 (KLR) (31 October 2024) (Ruling)
6. Namianya & 2 others v CECM Lands, Urban Planning, Housing and Municipalities - Bungoma County & 5 others (Constitutional Petition E003 of 2024) [2024] KEELC 7440 (KLR) (31 October 2024) (Ruling)
7. Omwaya v Hygenic Butchery Trading Limited (Civil Appeal 21 of 2019) [2023] KECA 1165 (KLR) (6 October 2023) (Judgment)
8. Togom v Radar Limited (Employment and Labour Relations Appeal E003 of 2023) [2024] KEELRC 112 (KLR) (1 February 2024) (Judgment)
9. Tsavo Oilfields Limited v Public Procurement Administrative Review Board & another (Application E057 of 2022) [2022] KEHC 18057 (KLR) (Judicial Review) (22 July 2022) (Judgment)
10. Wangamati & another v CECM-Lands, Urban Physical Planning, Housing & Municipalities - Bungoma County & 5 others (Constitutional Petition E001 of 2024) [2024] KEELC 14144 (KLR) (31 October 2024) (Ruling)
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