Court suspends planned public participation by Private Security Regulatory Authority for the Draft Private Security Regulations

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The High Court suspended a planned public participation forums scheduled by the Interior Ministry and the Private Security Regulatory Authority (PSRA) for the Draft Private Security Regulations, 2025.

Lady Justice Roselyne Ekirapa Aburili on November 20 certified as urgent an application filed on November 19, 2025 by security academy challenging the short notice issued in the MyGov publication on November 18, 2025.

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 identified as Security Academy had argued that holding forums in only eight counties was discriminatory, forcing residents from far-flung regions to travel hundreds of kilometres to participate.

Security Academy 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 one percent 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 scheduled for Garissa, Machakos, Nyeri, Mombasa, Eldoret, Kakamega, Kisumu and Nairobi is now suspended pending the hearing and determination of the substantive motion.

The substantive application must be filed and served within five days.

This is part of efforts to affect the new minimum wage for the guards.