This archive report was first published on 15 July 2019.
Kenya's government has introduced new regulations allowing private security guards to carry guns and make arrests, as part of efforts to maintain law and order and handle national disasters.
The regulations, which were gazetted on July 12, 2019, by Interior Affairs Cabinet Secretary Fred Matiang'i, give private security guards the power to carry guns and arrest criminals, and also allow them to take on formal police jobs such as quelling riots and getting involved in security work during elections.
According to the gazette notice, the private guards will enjoy these privileges under the guidance of the Inspector General of Police (IG). The rules are in line with the Private Security Regulation Act 2016, which created the Private Security Regulatory Authority (PSRA) headed by Fazul Mohamed.
The authority will be in charge of ensuring the guards comply with the new rules, including registering all private security firms that employ the guards within the first six months, and ensuring that the guards undergo vetting and put on uniforms that do not resemble those worn by State security personnel.
The move to allow the guards operate rapid response vehicles specifically is in line with the Government's intention to remove police officers in Cash In Transit (CIT) work, as announced by Dr Matiang'i in April.
Under the new regulations, a guard may arrest a person who is suspected to have committed an offence, and hand over that person to the nearest police station or post, using non-violent means whenever possible.
The rules also stipulate that a guard may only employ force when non-violent measures have failed to prevent escape, and that the force used shall be proportional to the objective sought to be achieved, the seriousness of the offence, and the resistance of the person against whom it is used.
