Monday, July 15, 2024

Reinstatement of licenses a major win for private security guards, companies

The Ministry of Interior and National Administration’s Ad Hoc Appeals Committee has directed the Private Security Regulatory Authority (PSRA) to reinstate the licenses of nine private security firms.
PSRA had earlier revoked their licenses citing non-compliance with the minimum wage requirements and other breaches.
The Protective and Safety Association of Kenya (PROSAK) has said this decision is a major win for private security companies.
“PSRA has been disregarding the law and demonstrating impunity through illegal pronouncements. The law remains supreme.  This order is a key win for private security guards and the companies whose licenses had been revoked, ” said PROSAK.
“Thousands of private security guards whose jobs were on the line have been saved by this order,” the Association added.
PROSAK had estimated that the private security sector could lose between 500,000 to 700,000 jobs due to recent pronouncements, new laws, and directives by the Fazul-led PSRA. These decisions were made without considering stakeholder participation despite having far-reaching implications that could potentially lead to up to half of the private security workforce losing their jobs.
 “The appeals by the nine (9) companies be and hereby allowed.”  the Appeals Committee wrote in an order dated March 8,2024.
The nine firms are Hipora Security Solutions Limited, Senaca East Africa Limited, Superb Marketing Solutions Limited, Salama Fikira International (Kenya) Limited, Bedrock Security Alarms Systems and Product Limited, Bedrock Security Services Limited, Victory Protective Services Africa Limited, Victory Consultants Limited, and Marco Security Limited.
Furthermore, the Appeals Committee nullified Legal Notice NO. PSRA/001/2024 that was previously issued by the regulator.
The Appeals Committee stated that PSRA’s decision concerning the minimum wage increase for guards is null and void.
“The Legal Notice NO. PSRA/001/2024/ dated February 5, 2024, is hereby lifted and the cancelled certificates of registration are reinstated,” reads the ruling by the Appeals Committee.
Any adjustments in wages must be gazetted by Labour CS Florence Bore, as stipulated under the Employment Act No 11 of 2007. CS Bore had already disowned the PSRA’s illegal directive that requires private security firms to pay their guards a minimum salary of Sh30,000.
The committee has directed all parties to withdraw any court cases related to the matter which we will adhere to.
PROSAK has maintained that PSRA’s cancellation of licenses was done without following the proper procedures outlined in the PSRA Act Articles 32 and 43, which require notice and appeal before taking such a drastic measure.

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