The oldest and simplest justification for government is as a protector of citizens and property. Thomas Hobbes’s Leviathan describes a world of unrelenting insecurity without a government to provide the safety of law and order, protecting citizens from each other and foreign foes.
But, in respect to the Herculean nature of the task, it is practically impossible for it to fully deliver on this mandate.
This lacuna has given rise to a flourishing private security sector, creating 800,000 jobs. Since the near-collapse of public policing in the 1980s and ’90s, the fast-growing sector has been on a growth path, on to the second spurt brought about by terrorism, Al-Shabaab in particular. But standards and professionalism were not kept.
Evidently, the use of private guards has gone beyond the traditional cash-in-transit and entities now seek their services in their premises, leading to the mushrooming of local firms that compete with multinationals.
With the sensitive nature of the industry, coupled with the obtaining confusion and lack of coordination, there was an urgent need for the State to coordinate and regulate the sector, hence the Private Security Regulation Act 2016.
To put this law into operation, the Interior ministry last July 5 gazetted regulations with a six-month compliance deadline expiring on January 5.
The law proposed a Private Security Regulatory Authority (PSRA) with an inclusive board with powers to license and regulate private guards, private investigators and operators of car tracking and surveillance as well as CCTV and private alarm response services.
Stakeholders, through the Protective Security Industry Association and the Protective and Safety Association of Kenya, claimed that the six months was too short, a view shared by the Kenya Security Industry Association and Kenya Private Sector Alliance (Kepsa).
The stakeholders have issues with the compliance period, public participation, training, legislation harmonisation, composition of the PSRA board, private security fidelity fund, licenses and fees and arming of private security guards.
The government should back Parliament’s Committee on Delegated Legislation, which wants the Private Security (General) Regulations 2019 nullified. MPs say they did not have adequate public participation and give questionable mandates to several state agencies.
I concur. The regulations make rights, liberties or obligations unduly dependent upon non-reviewable decisions.
It is only prudent that a five-year implementation period is offered. Incidentally, conversion courses for Administration Police to regular police took over two years with training considerations and complete change of security uniforms.
If the regulations are effected in the current form, companies would need to pay a salary of Sh27,993 and Sh25,641 for a night and day guard, respectively. I’ve no objection. But how much would the firms charge their client for a guard?
Unfortunately, even State agencies are yet to comply with minimum wage thresholds. There are some that pay as little as Sh12,000 per guard.
There is a need for further consultation and public participation. I suggest a phased compliance approach over a longer period of time.
