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It is arguable that Kenya’s counter-terrorism strategy has been working out with no major attack in years and a distinct change in strategy by terrorists to stay ahead.
The response from the national security organs to the 14 Riverside Drive attack was an impressive improvement, a demonstration that the State has invested in its strategies and machinery. From the actions of the agencies, Kenya has sprung from this horror with renewed confidence in the State’s capacity to deal with terrorism.
It is also clear that private security, as the frontline apparatus in almost every space, was left behind in the strategy and was found wanting when terror came calling.
Private security is taking the rap for this attack. This weak link was easily exploited in the January 15 attack and could expose the country to more terror attacks and other threats.
The wrath of the public on the industry is evident when one looks through the reasons raised for why we should not arm private guards. A significant percentage of the population does not think the industry has the capacity to manage as huge a responsibility as being armed.
There is a feeling that the standards in the industry are so low that arming guards would overwhelm them, leading to abuse and proliferation of arms. The image of the industry is one of a guard who earns Sh5,000 and is always on the lookout for a handout. This undermines an industry with critical roles and gaps that it should cover.
The poor wages, coupled with a low threshold for entry, where the market differentiator has been pricing, has led to a rat race to the bottom, leading to a bad image and reputation. Yet in this dark cloud is a silver lining.
The Private Security Regulation Act 2016 is in its third year. The board to the Private Security Regulation Authority (PSRA), which regulates the industry under the Act, is in its second year.
The gist of the Act is the regulation and standardisation of the industry. It requires every individual and firm in the industry to be registered and to work under a licence.
The law addresses the nagging labour and human resource issues and standardises training and certification. It provides a framework for co-operation between the industry and national security organs, which is critical in counter-terrorism. It addresses many of the grievances raised against the industry and, most recently, after the Dusit complex attack.
The government must rise to the occasion and support the full effect to this law and the PSRA. The authority says regulations to give guidelines on how the law is to be applied only await public participation before going to Parliament.
The issue of arming the sector has also been clearly misrepresented in the media. For an issue that has been agreed on at the policy level and a framework is under consideration, the debate is being taken too lightly.
The police reforms, launched in September 2018, have, as a thematic area, recall of officers in non-core areas, mostly private sector duties. Roles such as cash-in-transit escort, security of sensitive public and commercial premises and VIP protection are to be ceded to the private security industry.
The projection that every guard will be armed is a misrepresentation that ridicules, rather than enriches, debate on such an important issue. Section 53 of the Act forbids the use of firearms by private security service providers. The government should amend the law accordingly to allow that.
The ground rules on who can be armed, their vetting and training, which companies can be licensed, as well as regulations for the use, possession and storage of firearms will also be necessary. This would be done by a multi-agency task force under PSRA.
The industry is now in the spotlight more than ever before. The image crisis in the industry clearly undermines its efficacy, reach and bottom line but the next few months present an opportunity to correct that.
Terrorists will continue to explore weaknesses in the system and, in the event of another terrorist attack, the public won’t be so kind to those found to have a point of vulnerability.
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