Working on public holidays in Kenya is routine for hospitals, hotels, security firms, retailers, manufacturers, logistics companies and countless other businesses. Mashujaa Day falls on Tuesday, 20 October 2026, and for many teams it will be a normal shift. The question every employer should answer before the day arrives is simple: are we paying and treating those employees the way the law requires?
Getting working on public holidays in Kenya wrong is costly. Kenyan courts regularly award unpaid public holiday pay in employment claims, often going back years, with interest and costs. This guide sets out seven rules that govern working on public holidays in Kenya and the practical steps employers should take before Mashujaa Day.
Why working on public holidays in Kenya is regulated
Public holidays in Kenya come from two sources. The Constitution of Kenya, 2010 names three national days in Article 9: Madaraka Day on 1 June, Mashujaa Day on 20 October and Jamhuri Day on 12 December. The Public Holidays Act sets out the other public holidays and allows the Cabinet Secretary to declare additional ones by notice in the Kenya Gazette.
Employment law then decides the rules for working on public holidays in Kenya. The Employment Act, 2007 sets minimum terms, and the Regulation of Wages and Conditions of Employment (General) Order, made under the Labour Institutions Act, 2007, sets the pay rate for work on public holidays for employees it covers. Sector wage orders and collective bargaining agreements may add further terms. You can read all of these instruments on Kenya Law.
7 rules for working on public holidays in Kenya
1. Public holiday work is paid at twice the normal rate
The General Order provides that time worked on an employee’s normal rest day or a public holiday is paid at twice the normal hourly rate. Courts apply this rule. In Nicholas Kinyili v Mocca Lounge and Bistro, the Employment and Labour Relations Court awarded double pay for the public holidays the employee had worked. Where a contract, collective agreement or sector order gives a better rate, the better rate applies.
2. The legal minimum cannot be contracted away
Under section 26 of the Employment Act, the terms in the Act and in wage orders are minimum terms. A contract that says an employee will work public holidays at the ordinary rate does not override the law. Employers can agree better terms, but not worse ones.
3. Put holiday working in the contract
If a role requires work on public holidays, say so clearly in the employment contract or a written policy, along with how the work will be paid. Clear terms on working on public holidays in Kenya reduce disputes and make it easier for employees to plan. They also help employers show, if challenged, that holiday working was agreed and paid properly.
4. Keep accurate records of who worked
Employers carry the burden of keeping employment records under the Employment Act. When an employee later claims unpaid holiday pay, the employer that cannot produce attendance records and payslips will struggle to defend the claim. Rosters, time records and payslips that show the holiday rate separately are the best protection.
5. Watch overtime and rest days together
A public holiday that falls on an employee’s normal working day is not the only scenario. If the holiday falls on a rest day, or the employee works beyond normal hours, overtime and rest day rules may apply at the same time. Payroll teams should check how the employer’s wage order, contracts and collective agreements interact, so that people are not underpaid or paid twice by mistake.
6. Shift workers and casuals are not automatically excluded
Casual and contract workers who are employees in law are entitled to the statutory minimums. Workers engaged as casuals for long periods may also be treated as having converted to regular employment under the Employment Act, with all the rights that follow. Employers relying on casual labour over holidays should check the status of those workers.
7. Respect the reason for the day
Mashujaa Day is a national day of honour. Many employees will want to travel or join celebrations, which this year are being held in Eldoret, with Uasin Gishu, Elgeyo Marakwet and Nandi counties co hosting, according to reporting on the government’s announcement. Fair rostering, early notice and rotating holiday duty across teams are good practice and reduce friction, even where the law allows the employer to require work.
A short checklist before Mashujaa Day
- Confirm which employees will work on 20 October 2026 and record it.
- Check that payroll will apply at least twice the normal hourly rate for the hours worked.
- Review contracts and policies for clear holiday working terms.
- Check whether a sector wage order or collective agreement provides better terms.
- Brief supervisors on rostering, records and escalation.
Frequently asked questions
Can my employer make me work on a public holiday?
An employer can require work on a public holiday where the job and the contract allow it, but the employee must be paid at least the statutory holiday rate. Disputes about whether work was required or agreed usually turn on the contract and the records.
Is Mashujaa Day 2026 a public holiday?
Yes. Mashujaa Day on 20 October is one of the national days named in Article 9 of the Constitution. In 2026 it falls on a Tuesday.
What if an employee was never paid for working on public holidays?
They may have a claim for the unpaid amounts. Claims under the Employment Act are subject to time limits, so both employers and employees should take advice promptly. Our guide to Mashujaa Day 2026 and the law explains how legal deadlines work when they fall on a public holiday.
Do public holiday rules apply to small businesses?
Yes. The minimum terms for working on public holidays in Kenya apply to employers of every size.
Get your holiday payroll and contracts right
Thomas Louis Advocates advises employers on employment contracts, policies, payroll compliance and restructuring as part of our corporate and commercial work. Our piece on Tala’s recent layoffs and the adoption of AI looks at another side of employment law in a changing market, and our guide to what commercial lawyers in Kenya do covers the wider support we offer. Learn more about our Corporate and Commercial Transactions practice.
If you would like your contracts or holiday pay practices reviewed, you can contact our team, email [email protected] or call +254 115 702 315.
This article is for general information only and does not constitute legal advice. Terms vary by sector and contract, so please seek advice on your specific circumstances.
