Private security firms withdraw case opposing increase of guards' salaries

Five private security firms who had vowed to stop at nothing to halt their compliance with the Sh30,000 minimum wage for private security officers (security guards) following the cancellation of their licenses for non-compliance have now withdrawn their case.

The five; Victory Protective Services Africa Limited, Victory Consultants Limited, Senaca East Africa Limited, Marco Security Limited and Hipora Security Solutions Limited withdrew their case on Monday at the High Court in Nairobi.

"Take notice that the petitioners herein have wholly withdrawn the petition dated February 9, 2024, together with the Notice of Motion application dated February 9, 2024, with no orders as to costs," the notice of withdrawal signed by their contracted law firm Michuki and Michuki Advocates states.

The letter has since been served to the Attorney General's office, the Director of the Private Security Regulatory Authority (PSRA) and its board.

In response to the move, PSRA in a brief statement said it will continue with the push for better remuneration of security guards despite numerous obstacles.

Minimum wage

"The promised land for private security officers is within sight. The five private security firms have withdrawn their case challenging cancellation of their licenses for non-compliance with Sh30,000 minimum wage for private security officers (security guards) amongst other violations of the law."

"Just as a shepherd tirelessly tends to his flock, the Authority remains vigilantly committed to its legal duty to ensure that private security officers are treated professionally, with dignity, and are fairly remunerated," said the Authority on Tuesday morning.

The five firms moved to the High Court last week after the Employers and Labour Relations Court dismissed their earlier petition on grounds that they failed to prove how the regulator's move was illegal.

Justice Anna Ngibuini Mwaure further referred the matter to the High Court saying the suit does not stem from an employer-employee relationship or involve a trade union, an employer's organization, a federation, the registrar of Trade unions and or the Cabinet Secretary or any office established for such purpose.

"The jurisdiction of this court is limited to disputes relating to employment and labour relations as enshrined under Article 162 (2)(a) of the constitution and this does not reflect in the instant case," she ruled.

The firms have been protesting against the directive by the Private Security Regulatory Authority (PSRA) to raise the minimum monthly wage for security guards citing tough economic conditions that threaten to cripple the industry if the directive is implemented.

Legal commitment

The authority drafted a legal commitment form requiring directors of private security firms to sign committing to pay guards operating within Nairobi, a basic minimum wage of sh30,000 and sh27,183 for those operating outside the Nairobi metropolitan area.

In their suit, the petitioners argued that the directive has put its clients in panic mode with some now issuing notice of withdrawal of their guards and termination notices which runs them the risk of losing business and rendering many guards jobless.

Through their umbrella bodies; the Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA) they vowed to use constitutional and legal avenues to challenge what they referred to as "illegal pronouncements" by the PSRA.

"The associations will continue to seek legal avenues to stop the PSRA's minimum wage bill and illegal license cancellations, which pose a significant threat to the survival of many private security companies in the country," the two associations said in an earlier joint statement.

"Currently, this case has been moved to the High Court. We are confident that justice will soon prevail as we continue to explore all available options to promote fairness among all stakeholders and bring sanity to the private security sector."