The Ad Hoc Appeals Committee of the Ministry of Interior and National Administration has mandated the immediate reinstatement of licenses for nine private security firms, thus safeguarding numerous jobs.
This decision follows a petition lodged by the Protective and Safety Association of Kenya (PROSAK), challenging the initial revocation of licenses by the Private Security Regulatory Authority (PSRA).
PROSAK had cautioned against potential job losses exceeding 700,000 due to recent directives from PSRA. Allegedly, the cancellation of licenses occurred without adherence to prescribed legal procedures, which necessitate prior notice and an avenue for appeal.
In February 2024, Fazul Mohamed, the CEO of PSRA, deregistered the aforementioned nine private security firms for non-compliance with the Ksh30,000 minimum wage policy. This policy mandated the payment of Ksh30,000 to security guards within seven days, failure of which risked deregistration of the companies.
Subsequently, the Appeals Committee invalidated PSRA’s decision regarding the minimum wage increase for guards, deeming it null and void. The ruling explicitly states, “The Legal Notice NO. PSRA/001/2024/ dated February 5, 2024, is hereby lifted and the cancelled certificates of registration are reinstated.”
Moreover, any alterations in wages must undergo gazetting by Labour Cabinet Secretary Florence Bore, in accordance with the Employment Act No 11 of 2007.
PROSAK had opposed this directive, highlighting that it would compel many security firms to lay off staff to mitigate its impact. The Committee instructed all involved parties to withdraw related court cases.
In a recent statement, Labour CS Bore disclaimed the minimum wage policy, asserting that her ministry could not authenticate the directive without undergoing a judicial review in the Employment and Labour Relations Court.
“As a ministry, we cannot authenticate the stated publications and this is best responded to the Ministry of Interior and National Administration or the Authority who are referred to in the publications,” Bore emphasized.
