Following the enactment of the Private Security Regulation Act No. 13 of 2016 (the Act), the Cabinet Secretary for Interior and Co-ordination of National Government gazetted the Private Security (General) Regulations, 2019 (the Regulations) on 5 July 2019. The Regulations came into effect on 5 July 2019.

The Regulations affect the status, administration and operations of private security service providers in Kenya. Click here for more information.

The Private Security Regulatory Authority (the Authority) established by the Act is mandated to effectively administer, supervise, regulate and control the private security services industry in Kenya. Any person or firm offering private security services must be registered with the Authority.

The Act has defined “private security services” to include installation of burglar alarms and other protective equipment, provision of guard dog services, security for cash in transit, and any other private security service as may be determined from time to time by the Board by a notice in the Gazette.

We note the following key points from the Regulations:

• All private security service providers must now register with the Authority for the purposes of initial registration under the Act within six months after the gazettement of the Regulations. This puts the deadline at 5 January 2020.
• Users or representatives of private security service providers are under an obligation to ensure that the service provider is registered with the Authority. The procurement of services from an unregistered private security service provider is an offence. End-users must therefore ensure that their security provider is duly licensed.
• A list of all equipment used by private security service providers must be presented to the Authority at the time of the service provider’s registration. All equipment is subject to inspection by the Authority.
• Uniforms must have the required markings and they should not resemble any uniform worn by disciplined forces or any national security organ in Kenya. Uniforms that do not meet this requirement must be replaced within six months from 5 July 2019.
• In order to be registered, a private security service provider must provide proof of compliance with, amongst others, the set minimum wages published under the Labour Institutions Act and the deduction and remittance of all statutory deductions.
• All directors, partners, trustees, administrators, management staff and employees of private security service providers must undergo training (to be prescribed by the Authority) within six months from 5 July 2019.
• Private security service employers are now required to train their employees either in Authority-approved training facilities within their premises, or through a partnership with a licensed training institution. The Authority is tasked with providing a standard curriculum and assessment standard for private security training to be undertaken at every training institution. 
• Where a private security service provider is engaged in any business other than the provision of private security services, the service provider must have separate and distinct vehicles for its private security services. Failure to distinguish the vehicles and use them separately is an offence.
• The Regulations also pave the way for the formation of associations of private security service providers. These categories consist of employees of small-scale private security firms, employees of large-scale private security firms, two or more private security firms, or two or more private security providers. Once lawfully registered as per the Regulations, the members of these associations may undertake elections to nominate a member for appointment to the Private Security Regulatory Board that regulates and controls the private security services industry in Kenya.

Noting that these Regulations demand greater transparency and accountability from private security service providers, it is hoped that the added regulation of this industry will encourage higher quality standards and contribute positively to the country’s national security agenda.