Draft private security laws a positive step

The path towards regulation of the sector has been slow [photo courtesy]

The recent public participation on the Private Security (General) Regulations 2019 at the Kenya School of Government provided great insights into the private security industry that is largely defined by the ubiquitous guarding segment.

The draft regulations, issued by Interior Cabinet Secretary Dr Fred Matiang’i, provide the registration and licensing requirements for all private security providers.

From the outset, industry’s main concern was the license fees to be paid to the Private Security Regulatory Authority (PSRA) and the requirement of minimum wage as a criteria for registration.

The fee proposed is based on the category of services offered and manpower deployed.

A company with less than 100 guards would pay an annual fee of about Sh125,000 in a graduating scale that would see one with over 10,000 guards pay over Sh8,000,000. It is likely this fee will be reduced.

Annual training

The requirement for payment of minimum wage was also a contentious issue with the already compliant companies in support and those paying less asking for leniency and understanding.

The Kenya National Private Security Workers Union made this requirement unconditional for industry, with criticism directed at government agencies that award contracts to companies flouting this very basic requirement of Government’s labour regulations.

Training, now mandatory before registration and licensing, also featured prominently in the discussions.

In the past, minimal training and ambiguous recruitment criteria impeded the industry’s growth, professionalism and capacity, thereby contributing to negative public perception. The regulations impose mandatory annual training and assessment which is tied to renewal of practice licenses. This is a welcome measure that should uplift an industry that competes primarily on price and not value addition.

Conventional way

Guarding is a temporary job for many before they find a better thing to do, and one that does not have the pride or recognition that should come from a career.

In a practice that is hardly replicable in any other industry, a fresh high school graduate could easily start at the same level and deployment as someone who has been at work for 25 years.

While the large numbers in the guarding segment of the industry mean few will climb the career ladder in the conventional way, PRSA CEO Fazul Mahamed proposed an approach which if adopted could create career structure in an industry that has very high staff turnover and no discernible career path.

This involves ranking guards according to training and experience, not the current one level fits all. Ranking would be recognizable through standard insignia uniforms.

For instance, a fresh graduate from a training academy could be a one stripe guard.

Someone with two years’ experience and training could be level two, going all the way to a five stripe guard with perhaps ten years’ experience and above.

Every advancement would come with an increase in responsibility and pay.

This practice would infuse the industry with clear career progression paths and inculcate much needed professionalism.

For the market, such a tiered system would have the added benefit of enabling competition based on training and experience. A five stripe guard would cost more than a one stripe guard. Customers would then get what they are willing to pay for based on their requirements.

Corporate and individual consumers of private security services, according to the regulations, will have the responsibility of ensuring that anyone they hire as a security officer holds a valid license.

Hiring an unlicensed security provider will be an offense under the law. You will be deemed to have committed an offense should you hire an unlicensed guard for your home.

Whereas the regulations contain welcome provisions to move the private security industry forward, the compliance period of six months after gazettement, appears to be a tall order. One option for policy makers to consider is phased compliance, but with a clearly defined deadline.

The path towards regulation of the sector has been slow but steady. Ideally, once the draft regulations are before parliament, the house will prioritise the issue, which is critical to the country’s national security agenda.

Mr Nkaari is the Country Director at Elite Security Academy. [email protected]