An association that had moved to court to challenge the government directive to cap the minimum wage for private security guards at Sh30,000 has withdrawn the suit.
This is a reprieve for the guards and the Private Security Regulatory Authority, which is rolling out the move.
Judge Justice Wananda Anuro of the High court in Eldoret on January 16 ordered that the petition dated November 30, 2023, and the notice of motion of application of even date be marked as settled and the file was marked as closed.
The judge further ordered that each party shall bear its consent.
On November 30, the Association of North Rift Security Firms moved to the High Court in Eldoret to challenge the move.
They were granted orders stopping the implementation of the legal notice by Justice Anuro on December 1, pending a hearing and determination of the case.
According to the PSRA regulations issued by the authority’s Director General Fazul Mohamed, a security guard should earn a basic pay of Sh18,994.08, Sh2,849.11 house allowance and Sh8,156.81 overtime allowance.
The Ministry of Labour had in 2022 set the minimum wage for private night guards at Sh16,959 in Nairobi, Mombasa, Kisumu and Nakuru.
Under the Labour Ministry guidelines, a security guard working in former municipalities was supposed to earn a minimum of Sh15,722 while their counterparts in other areas were expected to earn Sh9,672 per month.
According to PSRA, the minimum pay will be Sh18,994 with a house allowance of Sh2,849.11 and an overtime allowance of Sh8,156.81, totalling Sh30,000 per month.
The statutory deductions will be National Social Security Fund (Sh1080), Social Health Insurance Fund (Sh825), Pay As You Earn (Sh1229.75) and affordable house levy (Sh450).
The PSRA Director General Fazul Mahamed directed employers to comply with the directives warning that any employer who remunerates guards below the mandated basic minimum shall be liable to a fine of Sh2 million, according to the law.
PSRA has also commenced nationwide registration, licensing, and issuance of Guard Force Numbers (GFN) to private security officers.
Those to be issued with the numbers include private security guards, corporate security officers, and all persons providing private security services, either employed or otherwise engaged by government institutions or agencies.
It is now a mandatory requirement for all guards to undergo training in security matters in an institution accredited by the Authority as a prerequisite requirement for registration and licencing in accordance with Section 23 (2) (d) of the Act.
"The guards who will be undergoing Private Security Regulatory Authority (PSRA) accredited training will be issued with Security Force Numbers," he said.
Any person -including government institutions, security companies, corporate entities, organisations, and associations –who hires employs or otherwise engages the services of any private security service provider and pays or remunerates them below the mandated basic minimum shall be liable to a fine of Sh2 million, according to the Private Security Regulatory Act.
The PSRA is established to regulate the Private Security Industry in accordance with the Act and the values and principles set out in the Constitution.
Section 69 of the Private Security Regulation Act states that a person who operates as a private security service provider without being the holder of a valid training certificate from an institution accredited by the Authority or without being registered by the Authority commits an offence and is liable to a fine of Sh2 million.
Fazul said the Guard Force Number was the only proof that a Private Security Officer has been duly registered and licensed by the Authority in accordance with the provisions of the Act.
The government is in the process of fully integrating the private security industry into the national security infrastructure.
This will enhance intelligence gathering, information sharing, crime detection and deterrence, crime scene protection and the collection and preservation of evidence.
Once formalised, private security providers will have a direct line of communication with the government's command and control centre to minimise bureaucratic red tape and speed up response in emergencies.
The broad and deep penetration of PSOs into society, coupled with their daily interaction with fellow citizens across all social strata, strategically places the officers at the centre of raw intelligence, giving them unfettered access to a treasure trove of information vital to the planning and other security measures, according to experts.
PSRA is also developing a grading system that will recalibrate reward systems to ensure that officers who are deemed to have excelled in service delivery not only receive appropriate recognition but also higher grade categorisation and placement in more professionally challenging service cadres.
In July last year, the government launched the first private security training institute in Eldoret, Uasin Gishu county. The Miale Security Training Institution, the Curriculum and Training guidelines for this security sector were launched by the Internal Security Principal Secretary Dr Raymond Omollo.
The launch was not only to meet the growing demand for well-trained professionals but also raise the bar for industry standards, ensuring the highest level of professionalism, competence, and integrity in the private security sector.
Fazul said there was need to professionalise the sector since private guards are part of the first line of emergency response.
“Their actions make a significant difference in the outcome of critical situations, highlighting their crucial role in ensuring public safety and security,” he said.
The sector currently employs over 900,000 people, with this industry now worth more than Sh100 billion annually, and regarded as a critical driver for Kenya's economy in terms of job creation and contribution to our GDP growth.
The latest developments are aimed at re-engineering and streamlining the sector’s operations to ensure effective and efficient service delivery.
