Holiday Pay in Kenya: What the Law Says About Working on Public Holidays

Updated 18 October 2026

Kenya has several public holidays in the last months of the year, including Mashujaa Day on 20 October, Jamhuri Day on 12 December, Christmas Day on 25 December and Boxing Day on 26 December. Many people still work on these days, especially in security, hospitality, health and retail. This guide explains what Kenyan law says about pay for public holiday work and how to claim if you were not paid.

Holiday Pay at a Glance

The Double Rate Rule

The Regulation of Wages (General) Order says that an employee who works on a public holiday, or on the normal weekly rest day, is paid at twice the normal hourly rate for the hours worked. The Employment Act requires employers to give written particulars of employment, and those must include entitlement to annual leave, public holidays and holiday pay. Some sector wage orders and collective agreements set their own rules, which may be more generous. Always check your contract and any CBA that covers you.

How to Work Out Your Holiday Pay

1. Find your hourly rate. Divide your monthly basic pay by the number of hours you normally work in a month.
2. Count the hours worked on the holiday.
3. Multiply by two. Hours worked times the hourly rate times two gives the holiday pay for that day.

For example, if your hourly rate is KSh 200 and you work 8 hours on Jamhuri Day, holiday pay is 8 times KSh 200 times 2, which equals KSh 3,200. This is only an illustration; use your own figures. Holiday pay is part of your taxable earnings, so it goes through PAYE. Our PAYE calculator in Kiswahili and tax calculators show how tax is worked out.

Kenya’s Public Holidays

The Public Holidays Act lists Kenya’s public holidays. They include New Year’s Day, Good Friday, Easter Monday, Labour Day on 1 May, Madaraka Day on 1 June, Mashujaa Day on 20 October, Jamhuri Day on 12 December, Christmas Day and Boxing Day, plus Idd ul-Fitr. The Cabinet Secretary for the Interior can also declare extra holidays in the Kenya Gazette. When a holiday falls on a Sunday, the following Monday is usually observed as the holiday.

Time Off Instead of Pay

Some employers give a day off in place of the extra pay. Courts have treated unpaid public holiday work as a valid claim where the employer neither paid nor gave compensating leave, as in Sierra Flora Limited v Kerubo, decided by the Employment and Labour Relations Court in February 2025. Agree any time off arrangement in writing.

How to Claim Unpaid Holiday Pay

1. Gather records. Payslips, duty rosters, clock-in records, messages asking you to work and your contract.
2. Raise it with your employer in writing, listing the dates and hours.
3. Go to the labour office. If the employer refuses, report to the county labour officer, who can call both sides to a meeting.
4. Go to court if needed. Unresolved claims can be filed at the Employment and Labour Relations Court. Union members can ask their union for help.

Casual and Part-Time Workers

The double rate rule is written in terms of hours worked and the normal hourly rate, so it is not limited to permanent staff. Casual workers paid by the day should check what their daily rate covers and ask for the holiday rate in writing before agreeing to work. Workers on shifts that run past midnight into or out of a holiday should note the exact hours worked on the holiday itself. Where a sector wage order or a collective agreement sets a higher rate, that higher rate applies.

Tips for Employers

• Publish holiday rosters early and pay the correct rate.
• Record hours worked on every holiday.
• State holiday pay terms clearly in contracts.

Frequently Asked Questions

How much should I be paid for working on a public holiday in Kenya?

Twice your normal hourly rate for the hours worked, under the Regulation of Wages (General) Order.

Is Mashujaa Day a paid public holiday?

Yes. Mashujaa Day, 20 October, is a public holiday under the Public Holidays Act.

Can my employer give me a day off instead of double pay?

Many employers do. Make sure the arrangement is agreed in writing.

Is holiday pay taxed?

Yes. It is part of your pay and goes through PAYE.

Where do I report unpaid holiday pay?

To the county labour office, and then the Employment and Labour Relations Court.