Two associations championing the interests of private security guards have vowed to use legal means to challenge Private Security Regulatory Authority’s order on minimum wage.
The Protective and Safety Association of Kenya (PROSAK) and Protective Security Industry Association (PSIA) have termed the recent directive by PSRA led by Fazul Mahamed illegal.
PSIA and PROSAK vowed to use available legal avenues to stop the Minimum Wage Bill and cancellation of licenses by Mahamed that poses a threat to private security firms in Kenya.
The two expressed optimism justice will be served in the case on the same pending at the High Court and called for fairness to ensure the development of the private security sector.
The associations insist that the adjustment of the minimum wage in Kenya can only be done by the Ministry of Labour and not the PSRA headed by its Director General Fazul Mahamed.
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“Any adjustments in wages must be gazetted by Labour CS Florence Bore, as stipulated under the Employment Act No 11 of 2007,” said PSIA and PROSAK in a statement released on Thursday.
They added: “CS Bore has already disowned the PSRA's illegal directive that requires private security firms to pay their guards a minimum salary of Sh30,000.”
The Ministry of Labour last amended the minimum wage in 2022 through Gazette Notice No 125.
The two bodies accuse PSRA of illegally canceling the operating licenses of some private security companies in violation of the PSRA Act Articles 32 and 43 and without any notice.
Three members of PSIA and PROSAK have already challenged the move by PSRA with Interior CS Kindiki Kithure even as the two associations seek other avenues of legal redress.
“While we agree that security guards deserve better pay, the current economic circumstances make it neither practical nor possible. Achieving this objective requires collaboration and sober input from all stakeholders to find a middle ground.
“Only a few companies can afford to pay higher salaries based on the financial muscle of their clients who are paying premium rates for specialized services, while many have been forced to either reduce their operations, lay off staff, and, in some cases, close down due to the weakened economy and increased taxes.”
They estimate job losses in the Kenyan private security sector at 500,000 to 700,000, which they say is almost half of their workforce, if the “punitive” order and laws by PSRA prevail.
The private sector plans to lay off 15 per cent of its staff in 2024, which represents more than 300,000 workers, according to a recent survey by the Central Bank of Kenya (CBK).