The High Court has upheld the Private Security Regulatory Authority’s (PSRA) directive setting the minimum monthly wage for private security guards at Ksh. 30,000, dismissing a legal challenge against the regulation.
The ruling follows a case filed by John Kipkorir on behalf of the Private Security Industry Association, which sought to nullify the legal notice issued in November 2023.
Kipkorir argued that the directive was made without public participation, violating constitutional provisions, and contended that the responsibility for setting wages rests with the Ministry of Labour, not the PSRA.
However, Employment and Labour Relations Court Judge Mathews Nderi Nduma dismissed the petition, stating that it lacked merit.
“In the final analysis, the petition was abandoned by the petitioner and is struck out by the court, and in any event, the same lacked merit and stood to be dismissed, which the court proceeds to do,” the judge ruled.
The PSRA had cautioned employers that failure to comply with the wage directive would attract a fine of Ksh. 2 million.
The dispute began when the Association of North Rift Security Firms challenged the directive in the Eldoret High Court. In December 2024, the court issued orders halting its implementation. However, on January 16, 2025, Eldoret High Court Judge Wananda Anuro ruled that the case had been settled and closed the file.
Under the PSRA’s wage structure, security guards are entitled to a basic salary of Ksh. 18,994, a house allowance of Ksh. 2,849, and an overtime allowance of Ksh. 8,156, bringing their total gross pay to Ksh. 30,000. Statutory deductions include contributions to NSSF (Ksh. 1,080), the Social Health Insurance Fund (Ksh. 825), PAYE (Ksh. 1,229), and the Affordable Housing Levy (Ksh. 450).
The Labour Ministry had previously set the minimum wage for private night guards in Nairobi, Mombasa, Kisumu, and Nakuru at Ksh. 16,959. In former municipal areas, the rate stood at Ksh. 15,722, while guards in other regions were earning a minimum of Ksh. 9,672.
Despite these official guidelines, reports indicate that some private security firms charge clients as much as Ksh. 50,000 per guard but pay their employees significantly lower wages, sometimes as little as Ksh. 10,000 per month.
The court’s ruling is expected to bring significant changes to the private security industry, ensuring better compensation for guards while holding employers accountable for fair wages.
