The Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA) have said they will have legal processes to challenge pronouncements by the Private Security Regulatory Authority led by Fazul Mahamed.
The associations said they will continue to seek legal avenues to stop the PSRA's minimum wage bill directive and license cancellations which they say pose a significant threat to the survival of many private security companies in the country.
"Currently this case has been moved to the High Court. We are confident that justice will soon prevail as we continue to explore all available options to promote fairness among all stakeholders and bring sanity to the private security sector," they said in a joint statement.
"We would like to clarify that the Ministry of Labour, and not the PSRA, is responsible for adjusting wages. Any adjustments in wages must be gazetted by Labour CS Florence Bore, as stipulated under the Employment Act No 11 of 2007. CS Bore has already disowned the PSRA's illegal directive that requires private security firms to pay their guards a minimum salary of Sh30,000. The Ministry of Labour last amended wage adjustments in 2022 via Gazette Notice No 125."
They claim that PSRA's cancellation of licenses for some private security firms was done without following the proper procedures outlined in the PSRA Act Articles 32 and 43, which require notice and appeal before taking such a drastic measure.
The groups accuse PSRA of disregarding the law and "demonstrating impunity".
Three of their members have already filed appeals with the Cabinet Secretary of Interior and Administration of National Government adding that they will continue to seek legal redress to clear these issues that hinder the growth and development of the profession in a difficult economic environment.
"While we agree that security guards deserve better pay, the current economic circumstances make it neither practical nor possible. Achieving this objective requires collaboration and sober input from all stakeholders to find a middle ground," they said.
"Only a few companies can afford to pay higher salaries based on the financial muscle of their clients who are paying premium rates for specialized services, while many have been forced to either reduce their operations, lay off staff, and, in some cases, close down due to the weakened economy and increased taxes."
They averred that their immediate estimates places job losses in the private security sector alone at between 500,000 to 700,000 due to factors fueled by new laws which they said will lead to security companies laying off up to half of their workforce to survive.
According to the latest Central Bank of Kenya Survey, the private sector plans to lay off 15% of its employees in 2024, which amounts to over 300,000 workers.
"Unfortunately, the private security sector is not exempt from this harsh economic," they stated.
