Member for Kathiani, Hon. Robert Mbui is questioning the regulations setting the minimum wage for security guards saying they contravene the law.

According to the Members the regulations by the Private Security Regulatory Authority (PSRA) that set the minimum wage of Kshs. 30,000 contravenes the law since they were not approved by Parliament.

Hon. Mbui argues that Section 70 of the Private Security Regulation Act, 2016 mandates the responsible Cabinet Secretary to create regulations for the proper administration of the Act, including employment conditions for security guards.

He asserts that, according to Article 95 of the Constitution, the purported legal notice, not having been presented to Parliament as required by Section 11 of the Statutory Instruments Act, 2013, is null and void.

“It is against this background that I request for a statement from the Leader of the Majority Party on the following; could he provide a report on the constitutionality of the Legal Notice No. PSRA/002/2024 that was issued by the Private Security Regulatory Authority on 10th June 2024 on compliance with the minimum wage for private security guards?” Hon. Mbui asked.

In addition, he asked the Leader of the Majority Party to outline the steps which will be taken to revoke the Legal Notice, if found to have been illegally issued, and the measures that have been put in place to ensure adherence with the relevant laws, while exercising the said directive.  

The Kathiani legislator has also requested the Leader of the Majority Party to provide details on the processes leading to the determination of the minimum wage and clarify whether these processes adhered to the due process as required by law.

He further asked the Leader of the Majority Party to explain whether the powers and functions of the Private Security Regulatory Authority, under Section 9(q) of the Private Security Regulatory Authority Act, 2016, include setting the minimum wage for security guards without consulting the relevant ministry and the Salaries and Remuneration Commission.

“Clarify whether the powers vested in the Authority under Section 32 contemplate non-compliance with the minimum wage as grounds for the cancellation of certificates of registration and/or deregistration of a private security firm,” he emphasized.

Hon. Mbui also asked for an explanation for the failure by the Authority's to re-submit revised regulations, as envisaged under the Private Security Regulatory Authority Act, 2016, to Parliament despite various efforts by the Committee on Delegated Legislation.