New twist as State cancels licenses for 9 private security firms

PSRA Director General Fazul Mahamed announced in a notice.

In Summary
  • The Private Security Regulatory Authority (PSRA) gazetted the names of the companies highlighting their failures in a notice.
  • This is likely to affect their operations at large given they have employed thousands of people and are in business.
Private Security Regulatory Authority Director General, Fazul Mahamed at a past event
REGULATION: Private Security Regulatory Authority Director General, Fazul Mahamed at a past event
Image: FILE

Nine major security companies have had their operating licenses cancelled over allegations of violating various regulations.

The Private Security Regulatory Authority (PSRA) gazetted the names of the companies highlighting their failures in a notice.

This is likely to affect their operations at large given they have employed thousands of people and are in business.

PSRA Director General Fazul Mahamed announced in the notice to appear in national newspapers.

“Take notice: the Authority shall be conducting periodic reviews of the compliance status of Private Security Companies with the provisions of the Act, consequently, the lists of registered private security service providers and those whose registration certificates have been cancelled shall be regularly updated,” he said in the notice.

This comes as a seven-day notice to the firms to comply with a directive to increase the guard's salary to at least Sh30,000 lapses Tuesday, February 6.

“Pursuant to Sections 10 (c), 31 (b) and 32 of the Private Security Regulation Act No. 13 of 2016, the Authority hereby notifies users, prospective users, representatives of users of private security services and the general public that it has with immediate effect cancelled the certificates of registration and licenses of the Private Security Companies listed in the schedule hereto.”

The grounds listed as being behind the move include allegations that they have breached the provisions of the Private Security Regulation Act No. 13 of 2016, they violated the terms and conditions attached to their certificates of registration as corporate private security service providers and failed, declined and/or refused to comply with minimum wage regulations.

They also allegedly contravened Section 33 of the Act having employed and/or engaged PrivateSecurity Officers who do not have Guard Force Numbers as proof of registration by the Authority in accordance with the provisions of the Act.

Mahamed said the law says anyone who hires, employs or otherwise engages the services of any unlicensed private security firm commits an offence and shall be liable to a fine or and imprisonment in the case of a natural person and Sh2 million in the case of a corporate.

“The purpose of this notice is to bring this information to the attention of users, prospective users or representatives of users of security services and further advise that they must not procure, hire or otherwise engage security services from the above listed non-compliant private security companies.”

The firms have dismissed a directive to increase guards' salaries to a minimum of Sh30,000.

In a joint press statement, the Kenya Security Industry Association (KSIA) and Protective and Safety Association of Kenya (PROSAK) said the PSRA Director General Fazul Mahamed’s order for salary increment was illegal.

According to the lobbies, this directive should be gazetted by Labour Cabinet Secretary Florence Bore before it is enforced.

“Accordingly, only the Cabinet Secretary for Labour and Social Protection is empowered by law to publish wage orders setting out minimum terms of conditions of employment and only through the Kenya Gazette,” the lobby groups said.

The PSRA boss had given an ultimatum that ends on February 6 for the companies to increase the guards’ salaries to Sh30,000 in Nairobi and Sh27,000 for those operating outside the metropolitan area.

Currently, the minimum pay for daytime security officers is about Sh15,201.65 and Sh16,959 for night-time security officers.

Bore on Friday disowned the directive arguing that her ministry cannot validate the pay raise directive issued by PRSA pending the hearing and determination of a case currently in the Employment and Labour Relations Court in Nairobi.

She maintained that the applicable minimum wage remains operational.

WATCH: The latest videos from the Star