The Ad Hoc Appeals Committee of the Ministry of Interior and National Administration has instructed the Private Security Regulatory Authority (PSRA) to reinstate the licenses of nine private security firms. PSRA had previously revoked their licenses citing non-compliance with minimum wage requirements and other infractions.
The Protective and Safety Association of Kenya (PROSAK) has hailed this decision as a significant victory for private security companies. “PSRA has consistently disregarded legal protocols and demonstrated a cavalier attitude through unauthorized directives. Adherence to the law is paramount. This ruling stands as a crucial victory for both private security guards and the affected companies,” remarked PROSAK.
According to PROSAK, thousands of private security guards, whose employment was at risk, have been safeguarded by this directive. The association had projected potential job losses ranging from 500,000 to 700,000 within the private security sector due to recent regulatory actions led by PSRA under the leadership of Fazul. These decisions were made without adequate stakeholder consultation, despite their far-reaching implications, potentially affecting half of the private security workforce.
In an order dated March 8, 2024, the Appeals Committee granted the appeals of the nine companies, namely Hipora Security Solutions Limited, Senaca East Africa Limited, Superb Marketing Solutions Limited, Salama Fikira International (Kenya) Limited, Bedrock Security Alarms Systems and Product Limited, Bedrock Security Services Limited, Victory Protective Services Africa Limited, Victory Consultants Limited, and Marco Security Limited.
Moreover, the Appeals Committee invalidated Legal Notice NO. PSRA/001/2024 issued by the regulator, asserting the nullity of PSRA’s decision regarding the minimum wage increase for security guards. “The Legal Notice NO. PSRA/001/2024 dated February 5, 2024, is hereby rescinded, and the revoked certificates of registration are reinstated,” declared the ruling of the Appeals Committee.
Any adjustments in wages must undergo proper gazetting procedures by Labour CS Florence Bore, as stipulated under the Employment Act No. 11 of 2007. CS Bore had previously disclaimed PSRA’s unauthorized directive mandating private security firms to pay guards a minimum salary of Sh30,000.
The committee has instructed all involved parties to withdraw any pending court cases related to the matter, a directive which will be adhered to.
PROSAK has consistently argued that PSRA’s license revocations were executed without due adherence to the prescribed procedures outlined in the PSRA Act Articles 32 and 43, which mandate prior notice and avenues for appeal before such drastic measures are taken.
