This is how our public holidays are made by law

Today is Mashujaa Day and most of us are thinking about how we are going to unwind. However, did you ever wonder how public holidays in Kenya are made?

Public holidays are made possible by the Public Holidays Act and the Constitution. Section 2 of the Act, as read with its Schedule, states all days that are to be considered public holidays.

It stipulates days such as Mashujaa Day, Jamhuri Day, Christmas Day and New Year’s Day. Other days also recognised as holidays include Idd-ul-Fitr and Idd-ul-Azha, which are celebrated by persons under the Islamic faith. Other religious days stipulated include Diwali under the Hindu faith.

Further, the day on which a general election is held following the dissolution of Parliament is also a public holiday.

Add or change

The Cabinet Secretary concerned (currently the CS for Interior and Coordination of National Government) has the power to add or substitute public holidays.

By publishing a notice in the Kenya Gazette, he can declare any day to be a public holiday in addition to those listed in the Act. He can also substitute any public holiday for another. The day so swapped out then ceases to be a holiday.

When a public holiday falls on a Sunday, the next day is declared a bank holiday. This is not just an arbitrary rule coined from thin air to give us those lovely three-day weekends. No. The Act states that when a public holiday falls on a Sunday, the subsequent day becomes a holiday.

The Constitution states that all national days are public holidays. It lists as national days Madaraka Day on June 1, Mashujaa Day on October 20 and Jamhuri Day on December 12. It also enables Parliament to enact legislation prescribing other public holidays and providing for observance of such days.

Happy Mashujaa Day!

Ms. Otieno is an advocate and communication professional. [email protected].