The Private Security Regulatory Authority (PSRA) has been ordered to reinstate the licenses of nine private security firms which had their licenses revoked by the authority.
PSRA was ordered to immediately reinstate the licenses of the affected firms by the Ministry of Interior and National Administration’s Ad Hoc Appeals Committee on March 20, 2024.
“The appeals by the nine (9) companies be and hereby allowed,” read part of the order.
At the same time, the Appeals Committee quashed the Legal Notice that was issued by the regulator, while barring the 9 firms from filing any lawsuits for damages in respect to the suspension of the licenses by PSRA.
The Appeals Committee also directed all parties to withdraw any case pending in court regarding the matter while also directing PSRA to cease further communications to the appellants and/or their clientele regarding the matter.
PSRA had revoked the licenses of the nine private securities companies for allegedly failing to comply with minimum wage requirements, among other breaches.
The nine firms whose licenses were revoked included Senaca East Africa Limited, Superb Marketing Solutions Limited, Salama Fikira International (Kenya) Limited, Hipora Security Solutions Limited, and Bedrock Security Alarms Systems and Product Limited.
Others were Victory Protective Services Africa Limited, Victory Consultants Limited, Bedrock Security Services Limited and Marco Security Limited.
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PSRA Revokes licenses
“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,” said PSRA chief executive Fazul Mahamed in a notice issued in February 2024, suspending the licenses and operations of the firms.
According to the regulator, the security companies failed, declined and/or refused to comply with minimum wage regulations and contravened Section 33 of the Act by hiring guards who are not registered.
In January 2024, PSRA gave private security firms seven days to commit themselves to paying the minimum wage of Ksh30,000 and Ksh27,183 for those operating in Nairobi and outside Nairobi, respectively.
However, the Appeals Committee observed that the decision by PSRA regarding the minimum wage hike for guards was null and void.
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“The Legal Notice NO. PSRA/001/2024/ dated February 5, 2024, is hereby lifted and the cancelled certificate of registration are reinstated,” reads the ruling by the Appeals Committee.
Private Security companies listed
PSRA had included the names of the companies in a gazette highlighting their failures in a notice, followed by a seven-day notice to the firms to comply with a directive to increase the guard’s salary to at least KSh30,000 which lapsed on February 6, 2024.
The grounds listed as being behind the move included allegations that they have breached the provisions of the Private Security Regulation Act No. 13 of 2016.
Additionally, the firms were accused of violating 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.
However, Employment and Labour Relations court judge Mathews Nduma Nderi issued a temporary order stopping the implementation of the salary increment.
The judge said that the Authority lacks the powers to set a minimum wage for security guards as this duty is reserved for the wages council as provided by the Labour Institutions Act.
