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Legal battle between private security firms and PSRA ensues

Brenda Murungi by Brenda Murungi
February 15, 2024
in News
Reading Time: 2 mins read

The Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA) have embarked on a legal battle against the Private Security Regulatory Authority (PSRA).

This is in response to PSRA’s directive that requires private security firms to pay their guards a minimum salary of Sh30,000. The two associations  argue that actions taken by the authority, including imposing minimum wage regulations and arbitrarily revoking licenses, are illegal.

“Currently this case has been moved to the High Court. We are confident that justice will soon prevail as we continue to explore all available options to promote fairness among all stakeholders and bring sanity to the private security sector,” said the associations in a statement.

PROSAK and PSIA assert that decisions regarding wage adjustments are within the purview of the Ministry of Labour, rather than the PSRA. They also contend that these measures not only contravene constitutional and legal provisions but also jeopardize the viability of numerous private security companies in Kenya.

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“Any adjustments in wages must be gazetted by Labour CS Florence Bore, as stipulated under the Employment Act No 11 of 2007. CS Bore has already disowned the PSRA’s illegal directive that requires private security firms to pay their guards a minimum salary of Sh30,000. The Ministry of Labour last amended wage adjustments in 2022 via Gazette Notice No 125,” reads the statement.

By emphasizing the financial difficulties experienced by private security firms, the duo drew attention to the hurdles presented by the prevailing economic conditions.

While they recognize the importance of improving security guard wages, they emphasize that achieving this goal necessitates cooperation among various stakeholders.

“Only a few companies can afford to pay higher salaries based on the financial muscle of their clients who are paying premium rates for specialized services, while many have been forced to either reduce their operations, lay off staff, and, in some cases, close down due to the weakened economy and increased taxes.” PROSAK and PSIA  noted.

The associations are calling for collaborative efforts to find a middle ground that balances the interests of all stakeholders while ensuring the sustainability of the private security profession in Kenya.

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