5 Companies Withdraw Case Challenging Govt’s Ksh30 K Security Guard Wage

Interior PS Raymond Omollo awards a security force number to a guard in Uasin Gishu.
Interior PS Raymond Omollo awards a security force number to a guard in Uasin Gishu on Thursday, July 6, 2023.
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Ministry of Interior

Five private security companies, on Monday, withdrew their case challenging the government's Ksh30,000 minimum wage for watchmen. 

While confirming the withdrawal of the petition, the Private Security Regulatory Authority lauded the decision as a huge win for both the government and the firms. 

“Take notice that the petitioners herein have wholly withdrawn the petition dated February 9, 2024, together with the Notice of Motion application dated February 9 2024, with no orders as to costs,” read part of the withdrawal notice.

The private security companies that withdrew the case included Victory Protective Services Africa Limited, Victory Consultants Limited, Senaca East Africa Limited, Hipora Security Solutions and Marco Security Limited.

Several security guards during a training session
Several security guards during a training session
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According to the regulatory authority, the withdrawal of the case assured the private security officers of professional treatment and fair remuneration.

“Despite numerous obstacles, the promised land for private security officers is within sight! The five private security firms have withdrawn their case challenging the cancellation of their licenses for non-compliance with Ksh30,000 minimum wage for private security officers amongst other law violations,” read part of a statement by PSRA.

“Just as a shepherd tirelessly tends to his flock, the Authority remains vigilantly committed to its legal duty to ensure that private security officers are treated professionally, with dignity, and are fairly remunerated,” PSRA added.

On February 5, PSRA through its Chief Executive Officer Fazul Mahamed deregistered nine security companies, citing non-compliance to the Ksh30,000 minimum wage for its officers.

In a statement, Mahamed accused the companies of violating the law, prompting PSRA to withdraw their certificates of registration and licenses.

The government agency further alleged that the security firms breached the provisions of the Private Security Regulations Act 13 of 2016 which directs the private security industry to provide a framework for cooperation with national security organs.

Nonetheless, on February 9, the nine private security companies challenged PSRA's decision in court, arguing that the deregistration threatened to cripple their business operations. 

“The petitioners aver that the legal notice has put its clients in panic mode and some have started issuing them with notice of withdrawal of their guards and termination notices and that it runs a risk of losing business and rendering many of its security guards jobless,” read the notice of appeal in part.

On February 14, the appellate court dismissed the petitioners' plea, ruling that the private companies had failed to prove that the agency's move contradicted the law.

“The issue before this court relates to a dispute between security firms and the relevant governing bodies and not one for employment and labour relations,” the court stated.

PSRA CEO Fazul Mahamed addressing security guards on February 8, 2024
PSRA CEO Fazul Mahamed addressing security guards on February 8, 2024
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PSRA