Labour CS Bore’s Meeting To Halt Private Guards Uhuru Park Meeting Flops
In an invitation letter, CS Bore had scheduled the parley for Thursday, March 28, in her office.
Those invited include The Executive Director/CEO Federation of Kenya Employers (FKE) Jacqueline Mugo, The Secretary General Central Organization of Trade Unions (COTU) Francis Atwoli, Chief Executive Officer/Director General Private Security Regulatory Authority (PSRA) Fazul Mahamed and Chairman Private Security Regulatory Authority.
Other invitees are General Secretary of Kenya National Private Security Workers Union Issac Andabwa, Managing Director SENACA Security Services Annette Kimitei, Chief Executive Officer Kenya Security Industry Association and Chairman Protective and Safety Association of Kenya Cosmas Mutava.
Sources in the ministry indicated that the meeting for the private security guards has unilaterally been convened by PSRA CEO Muhamad Fazul without the approval of both the Ministry of Labour and Internal Security.
The Saturday, March 30 meeting has been convened ostensibly for mass registration and issuance of guard force numbers to private guards at Uhuru Park. However, insiders opine that the meeting is meant to incite the guards to mass demonstrations to push for PSRA’s recommendation of a minimum salary of KSh30,000.
It is believed the invitees for CS Bore’s meeting could not make it to the meeting owing to the short notice.
It is worth noting that PSRA’s recommendation of KSh30,000 as the minimum salary for guards has been declared illegal by the Ministry of Labour. Further, there is a court order barring the implementation of the gazette notice by PSRA.
Despite the court order PSRA CEO has continued to contemptuously push for the KSh30,000 minimum salary pay for guards.
On January 31, 2024, the Labour Cabinet Secretary said her ministry could not authenticate and approve the recommendations as widely published. CS Bore explained that the Labour Ministry was still in the dark regarding the recommendations to hike the security guards' salaries.
“As a Ministry, we cannot authenticate the stated publications and this is best responded to by the Ministry of Interior and National Administration or the Authority who are referred to in the publications,” her statement read in part.
CS Bore clarified that the new Ksh30,000 salary for private security guards was published by PRSA, which is under the purview of the Interior Ministry.
Bore further explained that she could not approve the salary changes as there was an active case in court regarding private security monthly remuneration.
“As the matter is sub judice, I will not discuss the merits or demerits of the issues raised therein. We are confident the Court will render a just and fair verdict, in accordance with our Constitution and the law,” she remarked.
Bore thus halted the salary increment push insisting that all security guards will be paid as per the Regulation of Wages (General) (Amendment) Order, 2022.
She urged all stakeholders to remain calm as the government addresses the glaring hitches in the salary hike directive.
Bore issued a statement after the Private Security Regulatory Authority gave companies a 30-day ultimatum to comply with the new minimum wage structure.
PSRA Chief Executive Faizul Mahamed announced that security guards in Nairobi should earn Ksh30,000 and Ksh27,183 for the rest of the country.
While asking both employers and employees to remain calm, Bore maintained that PSRA and Fazul were overstepping their mandate and that it’s the responsibility of the Ministry of Labour to determine minimum wage
Section 46 of the Labour Institutions Act, 2007 (No. 12 of 2007) empowers the Cabinet Secretary for Labour to publish a Wages Order after considering the report of the Wages Council and any advice from the National Labour Board.
Bore was categorical that the current applicable minimum wage for workers in Kenya, including guards, is as set out in Legal Notice No. 125 of 2022, which came into force on May 1, 2022.
This has not been reviewed and remains in force.
The CS further instructed the National Labour Board to advise on the appointment of the Private Security Wages Council whose establishment is provided for under the Labour Institutions Act 2007.
The council was last constituted in 1998 hence necessitating its review.
In November last year, North Rift Security Firms went to court protesting the new salary announced by PSRA and obtained a court order stopping the move pending a hearing and determination of the matter.
The matter was, however, withdrawn from court. Come Wednesday, January 31, 2024, one John Kipkorir obtained another order at the Labour Court stopping the planned new salary scales.
Comments
Post a Comment