Why Ruto, PS Raymond Omollo Snubbed Private Guards Uhuru Park Meeting

It is now emerging that President William Ruto and the Principal Secretary (PS) Ministry of Interior and National Administration National Government, Dr. Raymond Omollo snubbed the private security guards’ Uhuru Parking meeting on Saturday, March 30, due to legal and integrity issues surrounding the controversial event.

Despite the organisers touting that the President and PS Omollo would grace the occasion the duo snubbed the private security guards’ Uhuru Park meeting, which had been convened ostensibly for mass registration and issuance of guard force numbers to private guards.

However, insiders opined that the meeting was meant to hype the guards to push for the Private Security Regulatory Authority’s (PSRA) unilateral recommendation of a minimum salary of KSh30,000.

President Ruto and PS Omollo are said to have given the event a wide berth because it was in contempt of court. 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.

Of concern to the President and the PS is the fact that despite the court order, PSRA CEO Fazul Mohamed has continued to contemptuously push for the KSh30,000 minimum salary pay for guards.

“The Private Security Regulatory Authority has Saturday organised a mass registration forum for all private security officers, bouncers, stewards and close protection officers, across the country. The Principal Secretary for the Ministry of Interior and National Administration National Government, Dr. Raymond Omollo will be the chief guest at the forum,” read the invite from PSRA.

On his part, the Secretary General of the Kenya National Private Security Workers Union Isaac Andabwa was categorical that the president was to be the chief guest at the Saturday meeting in his invitation letter to all the licensed private security providers in the country.

“This is to remind you that the Ministry of Interior & Coordination of National Government, the Private Security Regulator will on Saturday 30th March hold the above exercise to be presided by HIS EXCELLENCY THE PRESIDENT (Hon. Dr William Samoei Ruto),” read the invite signed by Isaac Andabwa and dated March 25, 2024.

Andabwa further stressed: “Since the day will be graced by His Excellency His President, who will equally inspect the guard of honour mounted by our private security guards, it’s prudent that you release as many guards as possible dressed in your company uniforms. There is a need to provide some fleets of vehicles embedded with the company logo for publicity, identification and marketing for the day.”

A casual observation of the events at the meeting confirmed there was no real intention to issue GFN to the guards. It was a rally and a 'sensitisation' exercise.

No private security guard was asked to come with any personal identification or employment documents, and there was no real process that was communicated on how issuance would be done.

Only a few guards from some security companies got them pinned for publicity but they were strictly guards who had gone through the already laid down training schools system.

In fact, on Wednesday, March 3, PSRA through its social media handles began instructing guards on how they can register online for the guard force number.

“For those who may not know their security company’s PSRA registration number join our WhatsApp channel https://whatsapp.com/channel/0029VaEjMTO9WtC8Qugjmq07 to access the list of all registered private security companies and their PSRA registration number,” read the notice in PSRA’s x handle.

It is worth noting that Labour Cabinet Secretary Florence Bore’s effort to convene a consultative meeting to try and halt the mass gathering of private security guards to demand a minimum monthly salary of KSh30,000 on March 30 flopped due to lack of attendance by invited stakeholders.
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 of Central Organization of Trade Unions (COTU) Francis Atwoli, Chief Executive Officer/Director General of Private Security Regulatory Authority (PSRA) Fazul Mahamed and Chairman Private Security Regulatory AuthorityEnock.

Other invitees were General Secretary of Kenya National Private Security Workers Union Issac Andabwa, Managing Director SENACA Security Services Annette Kimitei,  Chairman Protective and Safety Association of Kenya Enock Makanga and CEO Kenya Security Industry Association.

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.
During the meeting, Fazul issued a stern to companies failing to commit to raising the minimum wages of their employees to Ksh30,000 within a week saying they risk having their names published.

The contentious raise of minimum salaries of the guards dominated the agenda at the meeting.

However, it's worth noting that the Ministry of Labour has declared the PSRA's recommendation illegal, with a court order preventing its implementation.

Labour Cabinet Secretary Florence Bore, on January 31, 2024, clarified that her ministry could not authenticate the proposed salary increase, emphasizing that the matter was sub judice.

She halted the salary increment push, insisting that security guards would be paid according to existing regulations until the court made a ruling.

In response to PSRA's ultimatum for companies to comply with the new minimum wage structure, CS Bore reaffirmed that it's the Ministry of Labour's responsibility to determine the minimum wage, not PSRA's.
She pointed out the legal framework guiding wage regulation, urging stakeholders to remain calm as the government addressed the issue.

“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.

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, by 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 stated 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 the 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.