This archive report was first published on 15 November 2019.
On Thursday, the National Assembly committee on delegated legislation tabled a motion to annul the Private Security (General) Regulations, 2019, which have significant effects on the country's 500,000 private security guards.
According to Hon. Murungara George Gitonga, who moved the motion, the regulations are 'incontinent' and should be annulled entirely in accordance with the law.
Gitonga's motion was seconded by Gilgil MP Martha Wangari, who emphasized the need for the regulation to be consistent with the parent Act, the Kenyan Constitution, and other statutes.
Wangari noted that regulation-making authorities must provide necessary documentation to show they have taken adequate time to consult with users and consumers of the regulations.
The move by the legislators is a significant win for the Protective Security Industry Association (PSIA), an umbrella body for over 100 small and medium-sized companies offering private security services.
PSIA, led by chairperson Cosmas Mutava, had requested that the time provided to effect the regulation be extended to 3 years to allow private security players to comply accordingly.
From January 5, 2020, the new rules in the Private Security (General) Regulations 2019 required all 2,500 companies offering private security services to register with the Private Security Regulatory Authority (PSRA).
The regulations also made it mandatory for individuals and companies seeking security guard services to engage only with registered firms, and those that fail to comply faced stiff penalties.
Clause (19) of the Private Security (General) Regulations, 2019 requires all employees of private security providers to undergo mandatory training and receive a certificate from the PSRA.
The stringent law also includes proposals for a new higher minimum wage for guards, making it unaffordable for most Kenyan households, and a change of uniforms that resemble those of State officers in color and design.
The Private Security (General) Regulations 2019 were gazetted on July 5, 2019, by Interior Cabinet Secretary Fred Matiang'i.
