It is arguable that Kenya’s counter terrorism strategy has been working with no major attack in years, and a distinct change in strategy by terrorists to try and stay ahead.
The response from the National Security Organs to the 14 Riverside attacks was an impressive improvement, a demonstration that the state has invested in its strategies and machinery.
From the actions of the security forces, the country has sprung from this horror with renewed confidence in the state’s capacity to deal with terror.
It is also clear that private security as the frontline security 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 and other threats.
The wrath of the public on the entire industry is evident when one looks through the reasons raised for why we should not arm private security.
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A significant percentage of the nation does not think the industry has the capacity to manage a huge responsibility like 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 wholesale image of the industry is one of a guard who earns Sh5,000 and is always on the lookout for a handout over and above his duties. This undermines an industry with critical roles and gaps it should be covering.
Authority regulating
The low wages in the industry, 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 poor image and reputation.
Yet in this dark cloud is a silver lining. The private Security Regulation Act is in its third year since commencement.
The Board to the Authority regulating the industry, under the Act, is in its second year while the CEO, Fazul Mahamed at the helm.
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 license.
It addresses the nagging labour and human resource issues and standardises training and certification.
It provides a framework for cooperation between the industry and national security organs, which is critical in counter terrorism.
This law addresses a lot of the grievances raised against the industry in the past and most recently after the attack.
Government must rise to the occasion and support the full effect to this law and the Authority. The Authority’s CEO has pointed out there are regulations ready to give guidelines on how the law is to be applied. Public participation before it goes to parliament is eagerly awaited.
VIP protection
The issue of arming the sector has also been clearly misrepresented in the media with the more sensational sound bites taking prominence.
Yet for an issue that has been agreed on at a policy level and a framework is under consideration, the debate is being taken too lightly.
The police reforms, launched in September 2018, have as one of its thematic areas the recall of police in non-core areas, mostly private sector duties.
The roles of cash in transit, 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 debate an important issue.
For a start, Section 53 of the Act forbids the use of firearms by private security. Government should bring an amendment to parliament where structured and informed debate can take place.
Regulations on who can be armed, their vetting and training, which companies can be issued such licenses, regulations for the use, possession and storage of firearms would also be necessary. This process would be under a multi-agency task force with the PSRA as lead.
Industry must become aware that it is now under the spot more than ever. The regulatory changes anticipated will be doubled with less room for wriggle. The image crisis the industry has is clearly undermining its efficacy, reach and bottom line.
The next few months present an opportunity to correct this. Terrorists will continue to explore weaknesses in the system, in the event of another attack, the public won’t be so kind to those found to have a point of vulnerability.
Mr Nkaari is a Director at The Security Academy.nkaari@thesecurityacademy.org