MPs block more pay for guards : The Standard

More than half a million security guards across the country will miss out on salary increases beginning next month. This follows the move by the National Assembly to block new regulations that would have doubled their minimum wage and give them the mandate to carry firearms. In a report approved last month, parliament’s Committee on Delegated Legislation wants the Private Security (General) Regulations, 2019, gazetted in July by Interior Cabinet Secretary Fred Matiang’i, annulled. According to the report, the regulations that were supposed to come into force by January 5, 2020, failed to achieve adequate standards of public participation.

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The MPs argue that it also gave questionable mandates to several State agencies. “Contrary to section 13(a) and 13(h) of the Statutory Instruments Act, 2016, the regulations are defective in drafting and the power to make regulations has not been properly invoked or require elucidation,” said the committee. It further says the regulations make rights, liberties or obligations unduly dependent upon non-reviewable decisions.  Part of the recommendations gazetted by Dr Matiang’i in June included a requirement to have private security companies pay a minimum of Sh25,000 for day and night guards. This is more than double the amount most security firms currently pay. 

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Ironically, the joint Security Industry Association comprising of the Kenya Security Industry Association, the Protective Security Industry Association and the Protective and Safety Association of Kenya also opposed the regulations. They sought a five-year implementation period. “If the regulations are effected in the current form, companies would need to pay a salary of Sh27,993 for a night guard and Sh25,641 for a day guard,” stated Enock Makanga and Cosmas Mutava, officials of the security association in their submissions. “A client would, therefore, be required to pay a minimum Sh51,000 less administrative costs and other related charges,” said the union officials. The association said that even State agencies are yet to comply with minimum wage thresholds.  The report is a blow to private security guards who have in the past raised concern about their welfare and remuneration.  The private security industry has been one of the fastest-growing sectors in the country over the past decade. The use of private security guards has gone beyond the traditional cash transit, and both private and public entities now seek the services of guards in their premises. This has led to the mushrooming of local private security firms that compete with the likes of G4S, Wells Fargo and KK for a slice of the market. The Private Security Regulatory Authority (PSRA) also opposed the proposal to have guards armed.  “The association proposes more stakeholder engagement and public participation in view of the fact that the private security service providers are the first casualties in case of attack,” stated PSRA in its submission.  Kenya National Private Security Worker’s Union (KNPSWU) said the transition period will hurt guards who earn low wages and work under poor conditions.  “The private security providers want to delay the implementation of the regulations for their benefit in as far as remuneration of the guards is concerned to benefit the companies at the expense of the guards well-being,” said KNPSWU General Secretary Isaac Andabwa in October. He said subsidiaries of foreign security providers including G4S, Wells Fargo, KK, Ultimate Security and Fidelity Security are already paying their guards the minimum wage and there is no reason the local companies should not.  The law also proposed the establishment of a PSRA with a board made up of representatives from the various stakeholders. Besides private security guards, the regulator will have the powers to license and regulate private investigators. It will also license operators of car tracking and surveillance services and those providing CCTV and private alarm response services.  Failure to comply with registration attracts a fine of Sh500,000 for individuals and Sh2 million for firms.

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Private Security Regulatory Authority