The Employment and Labour Relations Court on Monday dismissed a petition challenging the Ksh30,000 minimum wage payable to security guards in Kenya.
In his ruling, Judge Mathews Nduma declined to stop the implementation of the minimum wage because the suit filed before the court in November 2023, had been abandoned by the petitioner.
According to Justice Nduma, since the petitioner decided to abandon the case, the petition was never heard and the court had no other option other than to close the suit.
“In the circumstances of this case, the petitioner having abandoned the suit the same stood to be closed for lack of interest to prosecute by the dominus litis being the petitioner,” the court ruled.
Justice Nduma further noted that the petition lacked merit and was an abuse of the court process because of the apparent lack of interest in the matter by the petitioner.
The judge also dismissed the petition on the grounds that it had been overtaken by events and that hearing the matter would have been a waste of time.
"The court was also informed in the submission that the subject matter of the petition had been overtaken by events and that the court was indeed engaged in a moot exercise," Justice Nduma stated.
“In the final analysis, the petition was abandoned by the petitioner and was struck out by the court. In any event, it lacked merit and stood to be dismissed, which the court proceeded to do,” he added.
The ruling followed a petition filed by a section of private security company owners who challenged the government's decision to set the minimum wage for security officers at Ksh30,000.
Commenting after the ruling, the Kenya National Private Security Workers Union (KNPSU) noted that the landmark judgment marked a significant victory for over 1.3 million security guards across the country, ensuring they receive fair compensation for their services.
According to KNPSU, the High Court’s decision paved the way for the immediate implementation of the minimum wage directive, a long-overdue reform in the private security sector.
"This victory ensures dignity for security guards by recognising their critical role in maintaining security in businesses, homes, and institutions. With better pay, security officers will have increased purchasing power, contributing to the country’s economic growth," KNPSU noted.
"The ruling also sends a strong message to security companies that have historically underpaid and overworked their employees. It guarantees guards the financial security they rightfully deserve and acknowledges their essential role in society."
