The Employment and Labour Relations Court has issued an order halting the enforcement of the minimum wage for private security guards.
The decision comes after Fazul Mohamed, CEO of the Private Security Regulatory Authority (PSRA), sent a letter to private security companies urging compliance with the Sh30,000 minimum wage within the Nairobi Metropolitan Area (NMA) and Sh27,183 outside the NMA.
“A conservatory order be and is herby issued suspending the enforcement and/or implementation of Legal Notice No. PSRA/005/2023 pending the hearing and determination of this application,” Justice Mathews Nduma Nderi said.
Representing the Private Security Industry Association, John Kipkorir filed a petition asserting that the authority to publish and gazette minimum wages is vested in the Cabinet Secretary of Labour and Social Protection, not the PSRA, as outlined in Section 47 of the Labour Institutions Act, 2007.
“THAT according to Legal Notice No.125 of 2022, daytime private security guards should earn a minimum wage of Kshs.15,201.65/= and night-time private security guards should earn a minimum wage of Kshs.16,959.00/= in cities, whereas rates for other areas range between Kshs.8,000/= for daytime guards and Kshs.9,672.70/= for nighttime guards,” Kipkorir said.
“THAT those rates are the ones currently being implemented by the Applicant’s members faithfully.”
The court has scheduled a hearing for the matter on February 12, where further deliberations on the validity and implementation of the minimum wage for private security guards will take place.
This decision adds another layer of complexity to the ongoing discussions surrounding fair wages and labor regulations within the private security sector.