The Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA) are steadfast in their commitment to challenging unlawful directives issued by the Private Security Regulatory Authority under the leadership of Fazul Mahamed through legal means.
The associations are actively pursuing legal avenues to combat the PSRA’s proposed minimum wage bill and the arbitrary cancellation of licenses, actions that pose a grave threat to the viability of numerous private security firms in the nation.
The case has now been escalated to the High Court, and we remain optimistic that justice will prevail as we exhaust all available options to uphold fairness across all stakeholders and restore order in the private security domain.
It is imperative to clarify that the Ministry of Labour, not the PSRA, holds the mandate to regulate wage adjustments. Any modifications to wages must be officially gazetted by Labour CS Florence Bore in accordance with the Employment Act No 11 of 2007.
CS Bore has explicitly disavowed the PSRA’s unauthorized directive mandating a minimum salary of Sh30,000 for security guards. The last wage adjustments by the Ministry of Labour were made in 2022 through Gazette Notice No 125.
The revocation of licenses by the PSRA lacked adherence to the prescribed procedures outlined in the PSRA Act Articles 32 and 43, which necessitate prior notification and the right to appeal before such drastic actions are taken. This highlights the PSRA’s blatant disregard for legal protocols and underscores a culture of impunity.
Three of our members have already lodged appeals with the Cabinet Secretary of Interior and Administration of National Government, and we will persist in seeking legal recourse to address these impediments that hinder the advancement and prosperity of the profession within a challenging economic climate.
While recognizing the rightful demand for improved wages for security guards, the prevailing economic conditions render such adjustments unfeasible and impractical. Achieving this objective demands collaborative efforts and thoughtful contributions from all stakeholders to find a balanced resolution.
Only a select few companies have the financial capacity to afford higher salaries based on the premium rates paid by clients for specialized services, while many others have been compelled to downsize operations, lay off employees, and even shut down due to economic strain and escalating taxes.
Initial estimates suggest that job losses in the private security sector alone could range from 500,000 to 700,000 as a result of these challenges exacerbated by punitive regulations, potentially leading to significant layoffs within security companies.
According to the latest Central Bank of Kenya Survey, the private sector anticipates a 15% reduction in its workforce in 2024, translating to over 300,000 job losses. Regrettably, the private security sector is not immune to this harsh economic reality.
