Security guards across the country are now entitled to a minimum wage of KES30,000 after the Employment and Labour Relations Court upheld a legal notice issued by the Private Security Regulatory Authority (PSRA).

This follows the court’s dismissal of a petition filed in November 2023, which sought to block the implementation of the new wage structure. Today’s ruling paves the way for security guards to receive the long awaited pay increase.

In his judgement, Justive Mathews Nduma dismissed the petition, noting that the case had been abandoned by the petitioner and it lacked merit. Judge Nduma further stated that the proceeding with the trial would be unnecessary, as the matter had already been overtaken by events.

“In the circumstances of this case, the petitioner having abandoned the suit, the same stood to be closed for lack of interest to prosecute by the dominus litis being the petitioner,” the court ruled.

Former PSRA Director General Fazul Mahammed had, in a legal notice in November 2023, directed all private security firms to pay their security guards a minimum wage of KES30,000 before statutory deductions. 

However, John Kipkorir, suing on behalf of the Private Security Industry Association (PSIA), challenged the decision arguing that the action by PSRA and Fazul was not preceded by any public participation.

He also argued that it was the responsibility of the Ministry of Labour to come up with minimum wages regulation, enforcement and gazettement and not the responsibility of the PSRA and asked the court to declare the respondents acted arbitrarily and illegally in contravention of Article 10 and 118 of the Constitution of Kenya. 

Following the new ruling, PSRA directed employers to comply with the directives and noted that any employer found to be paying guards below the mandated basic minimum shall be liable to a fine of KES2 million, according to the law.

According to the PSRA, the minimum pay should be KES18,994 with a house allowance of KES2,849.11 and overtime allowance of KES8,156.81 totaling to KES30,000.

The statutory deductions will be National Social Security Fund (NSSF) of KES1080, Social Health Insurance Fund (SHIF) of KES825, Pay As You Earn KES1229.75, and affordable house levy KES450.

According to the Kenya National Private Security Workers Union (KNPSU), the High Court’s decision paved the way for the immediate implementation of the minimum wage directive, a long-overdue reform that will change the lives of over 1.3 million security guards in the private security sector.

"This victory ensures dignity for security guards by recognising their critical role in maintaining security in businesses, homes, and institutions. With better pay, security officers will have increased purchasing power, contributing to the country’s economic growth," KNPSU noted.

[email protected]