Court Halts Enactment of Minimum Wage for Private Security Guards

February 2, 2024

Private security guards anticipating salary increments have been dealt a blow after a judge blocked security firms from implementing a legal notice that sets the minimum wage at Sh30,000.

Judge Mathews Nduma Nderi of the Employment and Labour Relations court issued a temporary order, halting the implementation of Legal Notice No. PSRA/005/2023, published by the Private Security Regulatory Authority (PSRA) on November 21, 2023.

“A conservatory order be and is hereby issued suspending the enforcement and or implementation of legal Notice No. PSRA/005/2023 pending the hearing and determination of this application,” said Justice Nderi

This comes after PSRA granted private security firms a seven-day ultimatum last week to pledge their commitment to paying the minimum wage of Sh30,000 and Sh27,183 for those operating in Nairobi and outside Nairobi, respectively.

However, the Private Security Industry Association, represented by its trustee Mr. John Kipkorir, filed a lawsuit against PSRA, its chief executive officer Mr. Fazul Mohmmed, Attorney General Justin Muturi, and the Cabinet Secretaries for Interior and Ministry of Labour and Social Protection.

In the petition, Mr. Kipkorir argued that the Authority did not engage in public participation or consult stakeholders in the private security industry before publishing the notice, despite the industry facing significant economic challenges.

The petitioner further asserted that the Authority lacks the authority to establish a minimum wage for security guards, as this responsibility is reserved for the wages council, as stipulated by the Labour Institutions Act.

The court ordered that responses to the petition should be submitted within seven days, with the case scheduled for a hearing on February 12.

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