Hight Court temporarily suspends public participation on Draft Private Security Regulations

The High Court has temporarily suspended public participation on the draft Private Security Regulations 2025, following an urgent application filed by the Security Academy.

The move comes amid concerns over the short notice given to the public and the limited time allowed for review and feedback.

In her ruling, Lady Justice Roselyne Aburili noted that the application, filed on November 19, 2025, under a certificate of urgency, was indeed urgent, as the public participation process was scheduled to begin on November 21, 2025—just three days after the notice was published in the MYGOV platform.

The applicant, a security guard, sought leave to file a judicial review, challenging what he considered an unreasonably short notice that would hinder meaningful public input.

Without considering the merits of the case, the court held that the application raised an arguable issue and was neither frivolous nor hopeless.

“Accordingly, I hereby order that the leave so granted shall operate as a stay of the implementation of the public participation notice issued and published on 18th November, 2025, in MYGOV publication, as sought in prayer 3 of the chamber summons, until the substantive motion is filed, heard, and determined,” Justice Aburili ruled.

The respondents in the matter include the Cabinet Secretary for Interior, the Private Security Regulatory Authority, the National Assembly, the National Treasury, and the Attorney General.

The applicant sought an order restraining these authorities, or anyone acting under their instructions, from conducting public participation in Garissa, Machakos, Kisumu, Kakamega, Mombasa, Nyeri, and Nairobi, as initially scheduled.

The Security Academy argued that the notice issued on November 18, 2025, was insufficient for the public to engage meaningfully with the draft regulations.

The draft regulations comprise four distinct sets totalling over 50 pages, while the three-day consultation window was considered too brief, court documents state.

The applicant contends that the public was deprived of a reasonable opportunity to review the proposed regulations, understand their content, and submit meaningful feedback.

Concerns were also raised about the notice being published solely on MYGOV, without dissemination through other media or official channels, which limited public access.

In addition, some locations required residents to travel long distances—such as Wajir and Mandera residents expected to travel to Garissa—creating potential logistical and financial burdens.

The applicant also challenges the proposed Private Security Fidelity Levy, arguing that it exceeds the legal powers of the respondents.

The judicial review seeks declarations that the notice violates Articles 10 and 27 of the Constitution, which relate to good governance, integrity, transparency, accountability, and the public’s right to participate in governance processes.