KSh 30k Minimum Wage to Guards: Boardroom Intrigues that Thwarted Fazul Mahamed's Ambitious Push.

On November 21, 2023, Fazul Mahamed, the chief executive officer of the Private Security Regulatory Authority (PSRA), published a newspaper notice asking all Private Security firms in Kenya to pay guards a minimum gross salary of KSh 30,000 per month.

On November 21, 2023, Fazul Mahamed, the chief executive officer of the Private Security Regulatory Authority (PSRA), published a newspaper notice asking all Private Security firms in Kenya to pay guards a minimum gross salary of KSh 30,000 per month. 

Currently, the minimum pay for daytime security officers is about KSh 15,201.65, and for nighttime guards, it is KSh 16,959, as governed by the Protective Security Services Order 1998. 

The wage order provides for a comprehensive wage/benefits guideline for private security guards. However, unbeknown to the private security firms, this was the beginning of what would be a rough journey as Fazul seemed ready to ensure the notice was adhered to through all means possible. In December 2023, several private security firms in Nairobi and Eldoret challenged the minimum wage requirement in court arguing that Fazul and PSRA lacked the legal basis to set minimum wage. Ministry of Labour's intervention.

Meanwhile, the back-and-forth between Fazul and private security firms courted the attention of the Ministry of Labour. In February 2024, the Cabinet Secretary for Labour, in a press statement, termed Fazul’s directive on the KSh 30,000 minimum wage for security guards misleading because it lacked legal basis. “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 ended the tug-of-war between Fazul and Private Security firms, but no; he is not one to give up easily. On February 5, 2024, Fazul, through a newspaper notice, cancelled the licences of nine security firms for, among other allegations, failure to implement the KSh 30, 000 minimum wage to security guards under them.

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. It, however, remains a mystery how he arrived at the nine firms, given that hundreds of Private Security Firms operate in Kenya and whose licenses were never cancelled. 

On February 6, 2024, the nine security firms opted to seek the assistance of a higher office; they appealed to the Cabinet Secretary Interior and National Co-ordination Kithure Kindiki in a bid to save their business.

In one such letter to the Management University of Africa seen by this writer, Fazul warns the institution against working with Victory Protective Services Africa Limited since the firm’s license has been cancelled. “The authority takes great exception in the manner in which the Management University of Africa continues to violate the provisions of the Act (No.13 of 2016) by contradicting private security and other security related services from Victory Protective Services Africa Limited, in disregard of provision of the law and Legal notice No.PRSA/001/2024,” reads the letter dated February, 20 and signed off by Fazul. 

The committee ordered the Private Security Regulatory Authority to reinstate the licences of the nine security firms. “The Private Security Regulatory Authority is hereby directed to immediately ensure immediate reinstatement and/or issuance of the license for provision of security services to the nine (9) companies,” reads the recommendations by the Ad Hoc Appeals Committee. It also asked Fazul to stop writing letters to clients of the nine private security firms asking them to cancel their contracts.

Fazul Mohamed's woes with Ombudsman Fazul Mohamed 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 Fazul culpable of abuse of power and official misconduct, among others. At the time, Fazul was the executive director NGO Co-ordination board. The Ombudsman even asked the Cabinet secretary, Ministry of Devolution and National Planning, and the chief of staff and head of public service to fire him. 

He was appointed as PSRA CEO in November 2018, barely four months after his resignation from NGO Co-ordination Board. 


Sherrif Don

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