State moves to improve welfare of security guards with new laws

The national government has set in motion plans to reform the private security sector in the country in a bid to enhance their operations, amid push for better welfare for private security guards.

The development comes at a time when the Ministry of Interior and National Administration has come up with four key regulations aimed at aligning operations of the sector with the national security agenda.

The move targets the private security guards who form part of first responders in emergencies in a sector with over 900,000 people and worth more than Sh100 billion annually.

The draft regulations, which are currently at the public participation stage, have been prepared by the Interior ministry in consultation with the Private Security Regulatory Authority (PSRA).

They include – Private Security (General) Regulations, 2024; Private Security (Procedure for Appointment of Members of the Board) Regulations, 2024; Private Security (Fidelity Fund Operations) Regulations, 2024 and Private Security (Use of Animals in Private Security Services) Regulations, 2024.

The Private security (General) Regulations, 2024 seeks to regulate the registration or renewal of registration of individual or corporate private security service providers setting out requirements for the same.

The regulation also sets out vetting requirements to authenticate prospective employees’ to be adhered to by a private security provider including security training, employment history, character, residence and any other relevant information.

According to the draft regulation, the prospective employees shall be required to provide security training certification, accurate employment history and residential physical address including street name, estate and house number supported by evidence of a utility bill, rent payment receipt or lease agreement.

The private security service provider will also be required to keep a record of information furnished by the person seeking to be employed as private security personnel.

“Every private security firm shall ensure that a person employed as a private security officer has a valid certificate of security training issued by a private security training institution licensed by the PSRA, and undergoes an annual mandatory security training and assessment at an institution licensed by the Authority,” reads in part the regulation.

Further, the regulation also talks of tools of trade including uniform comprising body gear, footwear and head gear with uniform of a single colour fitted with a badge with a legibly printed insignia containing the words “private security” and a company patch containing the company’s name.

“An officer on duty shall wear a legibly written name plate containing his name and registration number issued by the Authority,” it adds.

In regard to equipment and tools approved for use by private security service providers include security alarm system, satellite tracking device, closed circuit television or other electronic monitoring device or surveillance equipment, fire-fighting equipment, patrol cars and armored cash and valuables-transit vehicles.

Interestingly, the regulation seeks to have a private security guard to cooperate with national security organs in preventing or mitigating a national disaster, sharing security information, incident planning and sharing expertise and training.

On the other hand, the Private Security (Use of Animals in Private Security Services) Regulations, 2024 seeks to regulate the use and care of animals in the provision of private security services.

This is in addition to the training, registration, use, treatment, transportation and general care of animals used by private security service providers.

The regulation outlines instances where a private security service provider can use an animal in private security services including for detection purposes, control of crowds, patrol and pursuit, protection and guarding and demonstration parades.

However, the regulation bars a private security service provider shall not use an animal for the purposes of security work if the animal has been trained to kill or seriously injure people and other animals or has been diagnosed with an illness of any kind.

“Where a private security provider uses an animal for any services, the use of the animal shall be as provided under these Regulations, the Act and any other written law,” the regulation reads in part.

The draft regulation also talks of confinement and accommodation of the security animals setting strict conditions for the same.

“A person who contravenes sub regulation (1) commits an offence and is liable on conviction to a fine not exceeding Sh300,000 for a natural person or imprisonment for a term not exceeding three years, or both,” reads in part the regulation on cruelty to animals that provide security services.

In a public notice yesterday, Interior Cabinet Secretary Prof Kithure Kindiki called for views, proposals and memoranda for consideration from private security service providers, employers, employees, consumers of private security services and the general public on the draft regulations.

He said the stakeholders have 14 days from the date of the advert to submit the views ahead of a public participation forum on March 14, 2024 at the Kenya School of Government, Lower Kabete Campus, Nairobi.

The Private Security (Procedure for Appointment of Members of the Board) Regulations, 2024 is pushing for the establishment of PSRA seeks to establish a Private Security Regulatory Authority and its Board to look into the registration of members, formation of associations and election of representatives.

According to the regulation, two or more private security firms or two or more private security service providers may form an association.

In regard to categorisation, a private security firm that has more than 3,000 employees will be known as large scale private security firm while one with less than the number will be identified as a small scale private security firm.

“Every registered association representing employees and every association representing private security firms shall keep a register of its members,” reads in part the regulation.

The register will contain the name, address and occupation of the members, in the case of individual members; and the name and physical address of the registered office, in the case of body corporate members.

This is in addition to the date on which each member was admitted to membership, the payments made by each member in respect of entrance fee, monthly subscriptions or any other matter and the dates of such payments and the date on which any member ceases to be a member.

For its part, the Private Security (Fidelity Fund Operations) Regulations, 2024 is pushing for the establishment of a Private Security Fidelity Fund that will see two percent of the total revenues of private security firms paid into the Fund.

Interior Principal Secretary shall be the chairperson of the Fund’s Board of Trustees while the Director of the Board shall be the administrator of the Fund.

The Fund shall be used for organising training workshops and seminars for private security providers, among others.

In July last year, Interior Principal Secretary Dr Raymond Omollo said private guards play an instrumental role in complementing Kenya’s security services hence the renewed focus on re-engineering and streamlining the sector’s operations to ensure effective and efficient service delivery.

He said the move is geared at providing them with the right training so that they can detect, deter and effectively respond to the current and emerging security threats appropriately.

Dr Omollo said the guards will be issued with security force numbers after undergoing the training.

Security training institutions, a relevant curriculum, and training guidelines, the PS said not only meet the growing demand for well-trained professionals but also raise the bar for industry standards, ensuring the highest level of professionalism, competence, and integrity in the private security sector.

“This initiative will not only signify a paradigm shift in the private security sector but also spell a whole new aspect for our national security,” he said.

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