The Private Security Regulatory Authority went on with a planned public participation forums despite a court order that stopped the exercise.
It was the second event to be held in Nairobi after that of Kisumu last Friday.
The second event took place at the Kenyatta International Convention Center where participants gave views on four major regulations managing the sector.
The regulations include The Private Security General Regulations 2025, Private Security (Fidelity Fund Operations) Regulations 2025, The Private Security (Procedures for the appointment of the board) Regulations 2025 and Private Security (use of animals in Private Security services) Regulations 2025.
Speakers at the event said it was the time the regulations are passed for the prosperity of the sector.
The CEO of Lavington Security Pius Chelimo who is also a member of the board said he supported the process.
“I saw something last week but as a player in the industry for 28 years I want to tell members it is time for the passage of the regulations,” he said.
Part of the regulations say there is imposed a levy known as Private Security Fidelity Levy which shall be at the rate of one per centum (1%) of the gross annual revenues of private security firms.
The levy shall be payable to the Authority either annually, on or before the 31st day of January of each calendar year, based on the gross revenue of the preceding year or monthly, on or before the ninth working day after the end of each month, based on the gross revenue earned from the provision of private security services in that month.
“A private security firm shall opt to remit the levy either annually or monthly, but not both, and shall notify the Authority of its chosen mode at the beginning of each financial year. Default on payment of amount of levy where an amount of the levy remains unpaid after the date when it becomes due and payable by a person liable to remit the amount, a penalty equal to three per centum of the unpaid amount shall be due and payable for each year or part thereof that the amount remains unpaid and shall be summarily recovered as a civil debt for the person liable to remit the amount.”
One speaker argued imposing a levy to the public contrary to the provisions of the Public Finance Management Act without the involvement of the Finance Committee of Parliament, The National Treasury and The office of the Attorney General is illegal.
Those in attendance refused to respond to the questions of the court order.
The High Court suspended the public participation forums that had been scheduled by the Interior Ministry and PSRA.
Lady Justice Roselyne Ekirapa Aburili on November 20, 2025 certified as urgent an application filed on November 19 by Security Academy challenging the short notice issued in the MyGov publication on November 18.
The notice had called for nationwide public participation beginning on November 21 and November 24 in eight selected counties.
The judge said that the applicant had raised arguable issues, including claims that the two-day notice was too short to allow members of the public to read, understand and meaningfully respond to the four sets of draft regulations spanning more than 50 pages.
“The applicant claims that the notice issued only two days ago is too short and that therefore not all persons interested in the regulations will have the opportunity to participate in the process,” said the judge.
“In my view, and without delving into the merits of the intended motion, I am satisfied that the application raises an arguable case. It is not frivolous or hopeless.”
The applicant had argued that holding forums in only eight counties was discriminatory, forcing residents from far-flung regions to travel hundreds of kilometres to participate.
He also faulted the publication of the notice in only one newspaper and the exclusion of workers’ unions and small security firms from the technical committee that drafted the regulations.
The Court heard that the proposed regulations carry significant financial implications, including registration fees of up to Sh30,000, annual licensing fees of up to Sh75,000 per category, and a proposed 1% Private Security Fidelity Levy, which the applicant says is unlawful and beyond the powers of PSRA.
Justice Aburili agreed that unless the court intervened, the petition would be rendered nugatory because the impugned public participation process would already have been completed.
She granted leave to commence judicial review proceedings and directed that the leave operate as a stay of the MyGov notice.
“Accordingly, I hereby order that the leave so granted shall operate as stay of the implementation of the public participation notice issued and published on 18th November, 2025 in MYGOV publication, as sought in prayer 3 of the chamber summons, until the substantive motion is filed, heard and determined,” ruled Aburili.
“This file is closed.”
The public participation exercise was scheduled for Garissa, Machakos, Nyeri, Mombasa, Eldoret, Kakamega, Kisumu and Nairobi.
The substantive application must be filed and served within five days.
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