Nine security firms lose licences over violations
Operating licences of nine major security companies have been cancelled for violation of various regulations. The Private Security Regulatory Authority yesterday gazzetted the names of the companies, highlighting their failures in a notice.
This move is likely to jeopardise the operations of the affected firms that have employed many Kenyans as security guards, and in other areas of their operations.
“Take notice: The Authority shall be conducting periodic reviews of the compliance status of Private Security Companies with the provisions of the Act, consequently, the lists of registered private security service providers and those whose registration certificates have been cancelled shall be regularly updated,” PSRA Director General Fazul Mahamed said in the notice.
This comes as a seven-day notice to the firms to comply with a directive to increase the guards’ salary to at least Sh30,000 lapses today (Tuesday, February 6.
Said the notice; “Pursuant to Sections 10 (c), 31 (b) and 32 of the Private Security Regulation Act No. 13 of 2016, the Authority hereby notifies users, prospective users, representatives of users of private security services and the general public that it has with immediate effect cancelled the certificates of registration and licences of the Private Security Companies listed in the schedule hereto.”
Breached regulations
The grounds listed as being behind the move include claims they have breached the provisions of the Private Security Regulation Act No 13 of 2016, they violated the terms and conditions attached to their certificates of registration as corporate private security service providers and failed, declined and/or refused to comply with minimum wage regulations.
They also contravened Section 33 of the Act having employed and/or engaged Private
Security Officers who are not in possession of Guard Force Numbers as proof of registration by the Authority in accordance with the provisions of the Act.
The affected firms include Victory Protective Services Africa Limited, Victory Consultants Limited, Bedrock Security Services Limited and Bedrock Security Alarms Systems and Product Limited.
Others are Senaca East Africa Limited, Hipora Security Solutions Limited, Salama Fikira International (Kenya) Limited, Marco Security Limited and Superb Marketing Solutions Limited.
Mahamed said the law says anyone who hires, employs or otherwise engages the services of any unlicenced private security firm commits an offense and shall be liable to a fine or to both such fine and imprisonment in the case of a natural person and Sh2 million in the case of a corporate.
“The purpose of this notice is to bring this information to the attention of users, prospective users or representatives of users of security services and further advise that they must not procure, hire or otherwise engage security services from the above listed non-compliant private security companies.”
The firms have dismissed a directive to increase their salaries to a minimum of Sh30,000. In a joint press statement, the Kenya Security Industry Association (KSIA) and Protective and Safety Association of Kenya (PROSAK) said the PSRA Director General Fazul Mahamed’s order for salary increment was illegal.
Minimum pay
According to the lobbies, this directive should be gazetted by Labour Cabinet Secretary Florence Bore before it is enforced.
“Accordingly, only the Cabinet Secretary for Labour and Social Protection is empowered by law to publish wage orders setting out minimum terms of conditions of employment and only through the Kenya Gazette,” the lobby groups said.
The PSRA boss had given an ultimatum that ends on February 6 for the companies to increase the guards’ salaries to Sh30,000 in Nairobi and Sh27,000 for those operating outside the metropolitan area.
Currently, the minimum pay for daytime security officers is about Sh15,201.65 and Sh16,959 for night-time security officers. Bore on Friday disowned the directive arguing that her ministry cannot validate the pay raise directive issued by PRSA pending the hearing and determination of a case currently in the Employment and Labour Relations Court in Nairobi