The minimum wage bracket set by the Private Security Regulatory Authority (PSRA) in Kenya is only an advisory notice and not legally binding, Interior and National Administration Principal Secretary Dr Raymond Omollo has said.
The notice, Omollo said, was only meant to guide players in the private security sector and not a law that is supposed to be adhered to with those found flouting it being disciplined.
The PS observed that the Ministry of Interior and National Administration and the Salaries and Remuneration Commission have no roles to play in the determination of the minimum wages for private security guards.
“In conclusion, the authority did its best to interpret the said Wage Order. The commitment to pay the minimum wage was within the law. The public notice it issued should not be interpreted as a legal notice in the strict sense of the word.”
Omollo clarified that the Legal notice placed by PSRA was just a public notice intended to be acted upon by the affected parties. He said it was an administrative action to guide the industry players.
The Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA) have since moved to court to challenge the minimum wage limit set by former PSRA Director General Fazul Mahamed.
The two associations argue that the measures not only undermine the constitutional and legal framework but also pose a significant threat to the survival of many private security firms in the country. One of the major points of contention raised by PROSAK and PSIA was the PSRA’s imposition of a minimum wage bill for security guards. They argued that wage adjustments fall under the jurisdiction of the Ministry of Labour, not the PSRA.
“Any adjustments in wages must be gazetted by Labour CS Florence Bore, as stipulated under the Employment Act No 11 of 2007. 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 wage adjustments in 2022 via Gazette Notice No. 125,” said in a statement.
The authority drafted a legal commitment form requiring directors of private security firms to sign a commitment to pay guards operating within Nairobi, a basic minimum wage of Sh30,000 and Sh27,183 for those operating outside the Nairobi metropolitan area.
Omollo also noted that should the court find the Notice is illegal, it will automatically lose its validity rendering it null and void.
The PS clarified that the Authority did not determine the minimum wage for private security guards but it interpreted the relevant Wage Order which is the Regulation of Wages (General) (Amendment) Order 2022.
“The Order came into effect on May 1, 2022, and was the basis for arriving at the contested figure,” Omollo said in the statement. The PS was responding to Kathiani MP Robert Mbui who had questioned the regulations setting the minimum wage for security guards saying they contravened the law. According to the lawmaker, the regulations by the Private Security Regulatory Authority (PSRA) that set the minimum wage of Sh30,000 contravened the law since they were not approved by Parliament.
