On 21 November 2023, Fazul Mahamed, the Chief Executive Officer of Private Security Regulatory Authority published a newspaper notice directing all Private Security firms in Kenya to pay guards a minimum gross salary of KSh 30,000 per month.
According to the notice, any private security firm that would not adhere to the requirement would be fined KSh 2 million.
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Private security firms did not take Fazul’s notice kindly and responded swiftly terming it illegal and punitive enough to push them out of business.
Currently the minimum pay for daytime security officers is about KSh15,201.65 and KSh16,959 for nighttime guards. This is as per the gazette notice no. 125 of 2022 published by then Cabinet Secretary for Labour, Simon Chelugui
The minimum wage is governed by the Labour Institutions Act which lists comprehensive guidelines on arriving at the figures after engaging key stakeholders.
, Upon publication of the notice, several private security firms’ associations in Nairobi and Eldoret challenged the minimum wage requirement in court arguing that Mr Fazul and the Private Security Regulatory Authority lacked the legal basis to set minimum wages.
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Meanwhile, the back-and-forth between Mr Fazul and private security firms caught the attention of the Ministry of Labour.
In February 2024, the Cabinet Secretary for Labour, through a press statement termed Mr Fazul’s directive (on Ksh 30,000 minimum wage for security guards as misleading because it lacked basis in law.
“Section 46 of the Labour Institution Ac, 2007 (No.12 of 2007) empowers the Cabinet Secretary for Labour, to publish a Wages Order; after considering reports of the Wages Council and any advice from the National Labour Board,” said Florence Bore, the Cabinet Secretary for Labour.
Ordinarily, this would have put to an end the tug-of-war between Mr Fazul and Private Security firms but no. He is not one to give up easily.
On 5 February 2024, Mr Fazul, through a newspaper notice, canceled the licenses of 9 security firms for, among other allegations, failure to implement the KSh 30, 000 minimum wage to security guards under their employment.
The nine were; Victory Protective Services Africa Limited, Victory Consultants Limited, Bedrock Security Services Limited, Bedrock Security Alarms System and Product Limited, Seneca East Africa Limited, Hipora Security Solutions Limited, Salama Fikira International (Kenya) Limited, Marco Security Limited and Superb Marketing Solutions Limited.
On 6 February 2024, the 9 security firms opted to seek the assistance of a higher office; they appealed to the Cabinet Secretary, Interior, and National Coordination in a bid to save their businesses and employees from losing employment.
The CS for Interior appointed an Ad Hoc Appeals Committee which made recommendations, on 8 March 2024, that saved the 9 private security firms.
This effectively dealt a blow to Mr Fazul’s attempt to impose a Ksh 30,000 minimum salary for security guards.
The committee ordered the Private Security Regulatory Authority to reinstate the licenses of the 9 security firms.
“The Private Security Regulatory Authority is hereby directed to immediately ensure immediate reinstatement and/or issuance of the license for the provision of security services to the nine (9) companies,” reads the recommendations by the Ad Hoc Appeals Committee.
It also asked Mr Fazul to stop writing letters to clients of the 9 private security firms asking them to cancel their contracts.
Mr Fazul Mahamed is not new to controversy; in 2016, a report by the Commission on Administrative Justice (Ombudsman) titled ‘Death of Integrity’ and chaired by now Rarieda MP Otiende Amolo found Mr Fazul culpable of abuse of power and official misconduct among others.
By then Mr Fazul was the Executive Director, of the NGO coordination board. The Ombudsman even asked the Cabinet Secretary, Ministry of Devolution and National Planning, the Chief of Staff, and Head of Public Service to fire him.
He was appointed as CEO of the Private Security Regulatory Authority in November of 2018, Barely four months after he resigned from the NGO Coordination Board.
