The private security industry in Kenya is regulated by the Private Security Regulation Act No. 13 of 2016. The Objective of the Act is to provide for a framework of regulating the industry in accordance with the values and principles laid out in the Constitution of Kenya 2010 and to provide a forum of cooperation between the private security services industry and state security agencies,
The Act is binding upon the following categories of persons:
Persons falling under the above categories are mandated to respect, uphold and defend the values and principles enshrined in the Constitution. These include patriotism, rule of law, human dignity, equality, human rights, integrity and non discrimination among others.(Article 10 Constitution of Kenya)
Private security providers are further required to respect the principles of national security as outlined by the Constitution.
Private security services mean any of the following services whether performed by an individual or a firm:
Any other private security service as may be determined from time to time by the Private Security Regulatory Authority.
Any person or firm offering private security services:
To get registered, any of those persons should
Where one previously served in any of the disciplined services, he/she should produce a certificate of discharge and a certificate of clearance from such service.
Certificate of Registration ( Section 25)
Upon successful application an applicant is issued with a certificate of registration by the Private Security Regulatory Authority.
This registration attracts an annual fee and requires annual renewal.
Annual Renewal of License (Section 25)
Annual renewal, is granted upon;
The law prohibits private security service firms from employing a private security service provider, a security guard or a trainer who is not registered.
Refusal of Registration
The Private Security Regulatory Authority may reject applications.
Persons who the authority may refuse to grant a license include a person who:
(a) a resolution has been passed or an order has been made by a Court of competent jurisdiction for its winding up;
(b) a Receiver has been appointed for any of its property;
(c) any of its Directors has been convicted of an offence and sentenced to imprisonment for a period exceeding six months;
(d) has been convicted, during the period of ten years immediately preceding the application, of an offence and fined in accordance with this Act or any other written law; or
(e) it considers that it is not in the national interest to grant a license.
Cancellation of a License
The Private Security Regulatory Authority has powers to revoke licenses and may do so where it is satisfied that:
(a) the licensee has had an order in bankruptcy made against him or her which remains undischarged
(b) the licensee knowingly and willfully gave false information of a material nature in connection with its application for the grant or renewal of its license
(c) the condition upon which the license was originally granted or renewed can no longer be fulfilled by the licensee or
(d) the licensee is convicted of any offence under this Act or any offence and sentenced to a fine exceeding five hundred thousand shillings.
The law allows for foreign ownership and control of businesses providing security services in Kenya. One of the objects of the Private Security Regulation Act is to regulate such ownership and control.
In situations where a foreign company is involved, the law requires that a foreign company is eligible for registration whether as a limited liability company or a partnership in accordance with the laws of Kenya, if it has at least twenty five percent (25%) local shareholding.
However, such an artificial person faces deregistration if it is found that the person is an agent of a foreign government, foreign organisation or an entity that is controlled by a foreign government of a foreign organisation.
Alternatively, a foreigner can choose to form a company in Kenya to provide security services. To establish a company such a person is required to get an alien identification card
An alien identification card is issued by the Directorate of Immigration Services under the Ministry of Interior and Coordination of National Government. One gets an alien identification card application form from the department’s offices and fills it. One then submits the duly completed form along with valid travel documents and two passport size photographs. At that point one pays the requisite application charges and submits his fingerprints at the Immigration office. You can get the application form for the alien i.d from the Immigration Department’s address in the following website: http://www.immigration.go.ke/downloads/Form-A1-Application%20for%20Registration%20as%20Alien.pdf After getting the Alien ID, a foreigner should then begin the process of registering a company.
The foreigner should acquire a tax pin from the Kenya Revenue Authority, open a company bank account and submit the tax pin, the company pin, a copy of his passport and a passport photo, registered office address and registered address of each director.
Where a foreigner wishes to open a subsidiary of an existing company, he should (in addition to the above requirements):
Produce a copy of the memorandum of understanding of the parent company, a copy of the certificate of incorporation of the parent company, a breakdown of the shares allocation in the proposed subsidiary and identification documents of the directors in the subsidiary.
A private security service provider is empowered by law to:
However the law cautions that the powers of a police officer or member of disciplined service should not be construed to be conferred upon private security service providers.
The law states that a private security provider shall not:
(a) use or allow the use of uniforms similar to any of the uniforms worn by any disciplined forces or any national security organ in Kenya
(b) brand its vehicles in similar colors with any disciplined force or national security organ in Kenya
(c) install communication tools or systems capable of interfering with a communication system used by any disciplined forces or national security organ in Kenya
(d) use the names, logos, initials and emblems similar or resembling those of a national security organ or a disciplined service
(e) use or install equipment that is capable of intercepting or otherwise interfering with another person's communication or
(f) use or install such other equipment as the Cabinet Secretary may from time to time prescribe.
A private security service provider is not allowed to use or allow the use of firearms in rendering of a security service.
There are two levies that private security service providers should be mindful of:
1. Private Security Fidelity Levy
The law states that this levy will be imposed by the Cabinet Secretary on the advice of the Authority on all private security service firms licensed to provide private security services.
The Cabinet Secretary will further determine the different amounts of levy to be paid by individuals and private security firms that are licensed.
2. Private Security Fidelity Fund
The Private Security Fidelity is a fund created to sustain the operations of the Authority and to organize training workshops or seminars for private security providers. It shall have a Board of Trustees whose regulations for qualifications and appointment.
All private security service providers are governed by a Code of Conduct. This Code is legally binding on all security service providers and may be amended from time to time by the Cabinet Secretary. The code is as follows:
A registered private security provider shall—
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