There is confusion in the security sector after Labour Cabinet Secretary Florence Bore Thursday disowned a directive by the Private Security Regulatory Authority (PSRA) Chief Executive Fazul Mahamed giving private security firms seven days to commit themselves to paying their guards the newly gazetted minimum Sh30,000 salary.
“My Ministry’s attention is drawn to publications in sections of both mainstream print and electronic media as well as social media platforms on a pay rise of the minimum wage for private security guards.”
“As a Ministry, we cannot authenticate the stated publications and this is best responded to by the Ministry of Interior and National Administration or the authority who are referred to in the publications.”
Asking both employers and employees to remain calm, Bore maintained that PSRA and Fazul were overstepping their mandate and that it’s the responsibility of the Ministry of Labour to determine the minimum wage.
Section 46 of the Labour Institutions Act, 2007 (No. 12 of 2007) empowers the Cabinet Secretary for Labour, to publish a Wages Order after considering the report of the Wages Council and any advice from the National Labour Board.
Bore was categorical that the currently applicable minimum wage for workers in Kenya, including guards under reference, is as set out in Legal Notice No. 125 of 2022, which came into force with effect from 1st May 2022.
This has not been revoked and remains in force.
The CS further instructed the National Labour Board to advise on the appointment of the Private Security Wages Council whose establishment is provided for under the Labour Institutions Act 2007.
The council was last constituted in 1998 hence necessitating its establishment.
The directive by PSRA has raised a storm in the private security industry, with providers protesting the move.
According to the letter from Fazul, failure to fulfill the demands of the commitment may result in legal consequences including fines, penalties, and potential cancellation of their operating licenses for the affected firms.
“Any Private Security Company that fails to submit a duly signed copy of the Legal Commitment within the next seven days shall be subjected to a statutory review of its registration and licensing status in accordance with section 32 of the Act,” the authority said.
Firms will not be able to hide the number of guards employed at their companies as the same list is required by the authority for registering and processing their Guard Force Numbers.
The move follows the government’s efforts to regulate the sector in recognition of its important complementary role in the management of security in the country amidst concerns that the new pay may not be viable and risks sending many firms into bankruptcy.
Two years ago, the Ministry of Labour set the minimum wage for private security guards as KSh16,959 in the three cities of Nairobi, Kisumu, Mombasa, and Nakuru.
Under the Labour Ministry’s guidelines, a security guard working in former municipalities was to earn a minimum of Sh15,722 while their counterparts in other areas were expected to earn sh9,672 every month.
In November last year, North Rift Security Firms went to court protesting the new salary announced by PSRA and obtained a court order stopping the move pending a hearing and determination of the matter.
The matter was however withdrawn.
On Wednesday, January 31, one John Kipkorir obtained another order at labor court stopping the planned new salaries.
The matter is set for mention on February 12.
In a letter dated Monday, January 29, the PSRA boss directed the chief executives of private security firms to sign a legal commitment to pay the security guards the minimum wage of Sh30,000 for those within Nairobi and Sh27,183 for those operating outside the Nairobi metropolitan area.
The authority further attached the legal commitment to the letter outlining all the requirements.
Failure to present the duly signed commitment letter will subject the companies to a review of their registration and licensing status, potentially leading to revocation.
“All private security companies must sign and submit to info@psra.go.ke a copy of the hereto attached legal commitment to pay government-set minimum wage for private security officers,” read the letter in part.
“Take notice: Any private security company that fails to submit a duly signed and commissioned copy of the legal commitment within the next seven days from the date of this directive shall be subjected to a statutory review of its registration and licensing status.”
The letter was sent to all directors, shareholders, chief executive officers, managers, and security providers of all private security companies operating across the country.
The statement by Bore comes in the wake of a meeting on Tuesday this week chaired by Laboured Principal Secretary Shadrack Mwadime at his NSSF office where he hosted private security providers led by Protective Security Industry Association (PSIA) Chairman Cosmas Mutava.
Mutava confirmed the meeting took place.
She said her ministry will also engage in consultation with other key relevant government agencies, whose mandate impact on this sector.
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