Private security companies will know on Tuesday if they will be compelled to implement a legal notice setting the minimum wage for their guards as directed by the government.
Eldoret High Court Judge Justice Reuben Nyakundi is set to deliver a ruling on whether the security firms should comply with the requirement or continue paying their guards at the current rates under legal notice PSRA/005/2023, pending the hearing and determination of an application filed by private security companies.
The security firms moved the High Court under a certificate of urgency, seeking conservatory orders to put on hold the implementation of the legal notice as directed by the Private Security Regulatory Authority (PSRA) Director General Fazul Mohamed.
Justice Nyakundi said he would not want to cause injustice in the whole process and asked the parties involved to avail themselves before court, where he will rule on whether the security firms would have to pay their security guards as per the revised rates or not.
The Ministry of Interior and National Administration, the Attorney General, and the Private Security Regulatory Authority Director General have been named as respondents in the matter.
Justice Nyakundi directed all the parties involved to be available on Tuesday next week at 10 a.m. for a status conference.
Through their lawyer, Kevin Kimaru, the security companies pleaded with the court to put on hold the implementation of the directive from the government owing to the hard economic challenges the industry is facing currently.
The lawyer argued that in the event the government directive is implemented, the private security industry will be thrown into a major crisis.
“Your Lordship, we pray that you issue orders for the status quo to be maintained to save the sector from collapsing in the wake of the tough economic challenges facing the country,” argued lawyer Kimaru.
The security firms are apprehensive they could be the next to be de-registered by PSRA the way nine other security companies were deregistered and their certificates of registration and licenses revoked last week by the PSRA director for violating government directives by not complying with the minimum wage regulations as ordered in a seven-day ultimatum asking them to pay security guards the minimum wage of Sh30,000.
Those affected include Victory Protective Services Africa Limited, Victory Consultants Limited, Bedrock Security Services Limited, Bedrock Security Alarm System, and Product Limited. Seace East Africa Limited, Hipora Security Solutions Limited, Salam Fikira
International (Kenya) Limited, Macro Security Limited, and Superb Marketing Solution Limited were also affected.
By Kiptanui Cherono
