• The firms want the regulations' implementation deadline extended from 6 months to 5 years.
• They listed eight challenges that make it impossible for the players to comply with all the regulations by January 2020.
Image: GEORGE OWITI
Private security firms have said it is impossible to comply with the new security regulations before January.
They criticised the government for ‘hastily’ gazetting the Private Security (General) Regulations, 2019 to operationalise the Private Security Regulation Act, 2016.
They said the six months compliance deadline issued to them was short hence the need for an extension.
Through the Kenya Security Industry Association, Protective Security Industry Association (PSIA) and Protective and Safety Association of Kenya (PROSAK), the firms said they read mischief in the government’s hurry in implementing the regulations.
The Interior ministry on July 5 gazetted the new regulations with a six months compliance deadline that expires on January 5, 2020.
Cosmas Mutua, chairman Protective Security Industry Association and his counterpart, Protective, and Safety Association of Kenya Secretary General Delano Kiilu, said that the six months' time was short for full implementation of the regulations.
“Eight items of concern have been raised by our members. We have issues with compliance period, public participation, training, legislation harmonisation, PSRA board composition, private security fidelity fund, licenses and fees and arming of private security,” Mutua said.
The duo spoke to the Star at Mutua’s office in Nairobi on Saturday.
“KSIA, PSIA and PROSAK, key stakeholders and actors in the private security industry, applaud the government for this move, recognising the order and efficiency that implementation of the Act and regulations will bring to the vital industry. Following a review, the associations have noted various issues with the regulations, which they propose to be resolved in consultation with stakeholders before implementation,” Mutua added.
On the compliance period, Mutua said the six months was too short to comply with all stipulated requirements.
According to the official, the workforce of over 500,000 security officers can’t be efficiently trained within the remaining two months.
“Changing of uniforms, vehicles, control rooms, equipment, animals and organisational structures countrywide is not feasible within the timeline given. We, therefore, recommend a phased compliance approach over a period of five years.”
Mutua claimed that public participation was not conducted in all 47 counties. He further noted that compliance with the regulations had not been communicated to all impacted users as per section 9 (n) of the Private Security Regulations Act (2016).
He said the regulations require training of security officers, managers and directors prior to issuance of individual and corporate licences to operate.
“To date, there is no accredited institution, accredited trainers, assessment criteria and approved curriculum by PSRA in accordance with Section 9 subsection (1) of the regulations.”
According to Regulations Section 18(4), “a person who procures the services of a private security service provider who is not registered commits an offence.”
Mutua noted that the industry may need to train all and it is not feasible and affordable to train over 500,000 guards in two months.
He stated that failure to comply with the training requirements means that January 6, 2020, will automatically result in individuals and companies being unable to execute normal private functions.
“This poses a national security threat countrywide,” he said.
As per the gazette regulations, Section 16 (e) requires proof of compliance with the set minimum wages.
The current regulations require a security officer to be paid a monthly salary of Sh27,993 for a night guard and Sh25,641 for his day counterpart.
Mutua said in order to comply with this requirement and in addition cover costs of recruitment, vetting, training, equipping, kitting, insurance and other administrative costs, a security company will have to charge a minimum of Sh51,000 or more to each client per security officer, which is exclusive of VAT and other statutory costs.
“We advise that these costs are beyond sustainability in an already burdened economic environment. Our proposal is the categorisation of security services in accordance with risk profiles and not according to geographical locations as stipulated in the General Wages Order and the Private Security Wages Order 1998 and 2003.”
He said more board members representing private security firms to be appointed to be at least four in PSRA board.
On Private Security Fidelity Fund, the official recommended that the fund’s usage be clearly defined in accordance with relevant regulations.
Mutua said the rates and fees, which are as high as Sh2 million per annual licence, and the compliance expenses, are too costly and punitive to private security companies.
He recommended compounding and reduction of fees to Sh50,000 – Sh100,000 as annual licensing fees for security companies.
The officials also took issues with regulations on the arming of private security.
Mutua argued that arming of private security can’t be implemented unless section 53(a) and (b) of the ACT are amended or repealed.
Currently, any private security company that offers armed services commits an offence under the Act.
“Careful consideration and public participation must be taken before the decision to the arm is implemented,” he said.