The Employment and Labour Relations court has suspended the looming salary raise for security guards in the country.
In a ruling on February 1, 2024, Judge Mathews Nduma Nderi stopped the upward salary review until a case filed challenging the process is heard and determined.
Should the state succeed in pushing for the changes, then the monthly salary for security guards will shoot to a minimum of Ksh.30,000.
Private Security Regulatory Authority (PSRA) directed private security to pay security guards a minimum wage of Ksh 30,000 and Ksh 27,183 for those in Nairobi and outside Nairobi respectively.
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“A conservatory order be and is hereby issued suspending the enforcement and or implementation of legal Notice No. PSRA/005/2023 pending the hearing and determination of this application,” ruled Justice Nderi
At the same time, the court directed that any responses to the petition be filed within seven days and the case to be heard on February 12.
Salary Increase for Guards
John Kipkorir filed a petition against Attorney General Justin Muturi, the Ministry of Labor and Social Protection, the PSRA, and its CEO Fazul Mohmmed.
In his petition, Kipkorir argued that the Authority should have consulted with stakeholders in the private security sector before publishing the notice.
He held that due to a total lack of public involvement, Parliament quashed the 2019 legal notice that attempted to change the minimum wage then.
“Instead of subjecting the legal notice to public participation, the respondents purport to have the annulled legal notice 108/2019 implemented through legal notice PSRA/005/2023 without subjecting the regulations through public participation,” he said.
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Furthermore, PSRA stated that any employer who disobeys the salary directive risks a fine of Ksh2 million.
In a statement on Thursday February 1, 2024, Labour Cabinet Secretary Florence Bore noted that the matter was still active in Court.
CS Bore stated that her Ministry could not authenticate the reported publications.
“We are confident the Court will render a just and fair verdict, in accordance with our Constitution and the law,” Bore stated.
She did, however, stress that the government is aware of the fact that many Kenyans work in the private security industry, both in the formal and informal sectors.
