The Public Holidays (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Monday Declared a Holiday if Tuesday is a Holiday
Under the proposed section 3A(a), if a scheduled public holiday falls on a Tuesday, the preceding Monday (if not already a public holiday) will also be declared a public holiday.
Friday Declared a Holiday if Thursday is a Holiday
Under the proposed section 3A(b), if a scheduled public holiday falls on a Thursday, the succeeding Friday (if not already a public holiday) will also be declared a public holiday.
Senate Committee Recommends Rejecting the Bill
The Standing Committee on National Security, Defence and Foreign Relations formally recommended that the Bill should not proceed, concluding that it would raise payroll expenses and disrupt industrial sectors.
Council of County Governors Opposes the Extension
The Council of County Governors submitted a memorandum opposing the Bill, stating that while the proposal promotes work-life balance, it threatens economic stability and business continuity at both county and national levels.
Bill No.
Senate Bills No. 31 of 2023
Gazette No.
Supplement No. 116
Sponsor
Karungo Thang'wa
Background
The Public Holidays (Amendment) Bill (Senate Bills No. 31 of 2023) was sponsored by Senator Karungo Thang'wa, MP. It was published in Kenya Gazette Supplement No. 116 and underwent its First Reading in the Senate on October 17, 2023. The Bill was subsequently committed to the Senate Standing Committee on National Security, Defence and Foreign Relations. Following public participation and feedback from stakeholders like the Council of County Governors, the Committee recommended that the Bill should not proceed further in the legislative process.
Key Amendments
The Bill seeks to amend the Public Holidays Act by inserting a new Section 3A immediately after Section 3:
- Tuesday Holidays: If a scheduled public holiday under Part 1 of the schedule falls on a Tuesday, the preceding day (Monday), provided it is not already a public holiday, shall also be a public holiday.
- Thursday Holidays: If a scheduled public holiday falls on a Thursday, the succeeding day (Friday), provided it is not already a public holiday, shall also be a public holiday.
New Obligations
While the Bill does not establish any new regulatory bodies or licensing systems, its implementation would introduce substantial economic obligations and challenges for employers:
- Employer Salary and Overtime Expenses: Employers would be legally required to pay full salaries for extra non-working days or incur significant overtime compensation expenses for employees scheduled to work during the extended holiday periods.
- Disruption of Business Output: Production-driven sectors including manufacturing, industrial work, and public transport would experience reduced working days, directly impacting overall business proceeds and national output.
- Adverse Effects on Casual Laborers: Because a majority of Kenyan employees are casual laborers relying on daily wages, the reduction in scheduled business working days would reduce their opportunities to earn a livelihood.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.