Nairobi — The Employment and Labour Relations Court of Kenya has stopped the implementation of the minimum wage for private security guards.
Last month, Private Security Regulatory Authority (PSRA) CEO Fazul Mohamed wrote a letter to private security companies requesting them to honor the payment of the Sh30,000 minimum wage for those working within the Nairobi Metropolitan Area (NMA) and Sh27,183 outside the NMA.
“A conservatory order be and is herby issued suspending the enforcement and/or implementation of Legal Notice No. PSRA/005/2023 pending the hearing and determination of this application,” Justice Mathews Nduma Nderi said.
John Kipkorir, representing the Private Security Industry Association, in a petition, argued that the mandate to publish and gazette minimum wages is reserved to the Cabinet Secretary of Labour and Social Protection and not PSRA as enshrined in Section 47 of the Labour Institutions Act, 2007.
“THAT according to Legal Notice No.125 of 2022, daytime private security guards should earn a minimum wage of Kshs.15,201.65/= and night-time private security guards should earn a minimum wage of Kshs.16,959.00/= in cities, whereas rates for other areas range between Kshs.8,000/= for daytime guards and Kshs.9,672.70/= for nighttime guards,” Kipkorir said.
“THAT those rates are the ones currently being implemented by the Applicant’s members faithfully.”
The matter will be heard on February 12.