Two of the largest employer associations representing the Private Security Industry in the country have expressed concerns over a recent directive by the government setting the minimum monthly gross salary of KSh30,000 for private security officers.

Speaking to the press on Friday, January 2, representatives of the Kenya Security Industry Association (KSIA) and Protectives and Safety Association of Kenya (PROSAK) say the directive by the government lack a legal framework.

According to Enock Makanga, the PROSAK Chairperson, the directive by the Private Security Regulatory Authority (PSRA) has created unwarranted disruption to the provision of private security services in the country.

“If urgent remedial measures are not undertaken, the private security industry in Kenya will plunge into untold chaos and disorder,” Makanga said.

In a letter dated January 29, 2024, PSRA Director General Fazul Mahamed issued all private security companies with a seven (7) days’ notice to submit to his office a duly signed Legal Commitment to pay Government set minimum wage for private security officers, as a as Per Legal Notice No. PSRA/005/2023.

30,000 minimum wage

The legal commitment stipulates that private security companies should pay all security officers a basic minimum wage of KSh30,000 for those operating within the Nairobi Metropolitan Area and KSh27,183for those operating outside the Nairobi.

The stakeholders now claim that the said ‘Legal Commitment’ has not been published in the Kenya Gazette as asserted by Fazul.

“Most importantly, any gazette notice as may be published in the Kenya Gazette regarding matters of remuneration of any cadre of employees is a matter reserved for the Cabinet Secretary responsible for labour matters and more particularly, as provided for under the Labour Institutions Act,” Makanga adds.

‘Fazul Mahamed’s insubordination’

The stakeholders now say that Fazul actions so far amount to insubordination, as only Labour CS is empowered by law to publish wages orders setting out minimum terms of conditions of employment and only through the Kenya Gazette.

Presently, Legal Notice No. 125 of 2022 is operational and it sets the minimum pay for daytime security officers at KSh15,201.65 and KSh16,959 for nighttime security officers.

The PRSA threatened that any company that will fail to submit a duly signed and commissioned copy of the Legal Commitment within the next 7 days risks deregistration.

However, KSIA and PROSAK argue that to cancel licenses based on this issue of minimum wage terms and conditions.

“The Legal Commitment that the Director PSRA now demands execution of by the private security companies is one that originates from his own mind and desk. This impugned legal commitment is therefore not rationally connected to and/or made with authority of the Board as envisaged under the Act.”

Malicious intent/intimidation

They now accuse Fazul of acting maliciously on his own. They also don’t understand why Fazul would issue letters and directives on letterheads of the office of the President of the Republic of Kenya rather than those of the PSRA which is a body corporate with perpetual succession and a common seal.

The use of letterheads of the office of the President, the stakeholders say, is meant to intimidate them (private security industry players).

They also question how Fazul has been at the helm of PRSA since July 1, 2018.

“The current Director was first appointed on July 1, 2018 but it is not very clear how he was re-appointed for a second term and it would be imperative that the Cabinet Secretary in charge of the Ministry of Interior and National Administration reigns in on the Director PSRA as the consequential effects of Mr Fazul’s threats if not addressed and left to go on unabated portends joblessness in the private security sector which supports over 2.5 million employees.”

They have further called Interior CS Kithure Kindiki to take urgent and appropriate steps to ensure that the PSRA Board is fully constituted