The Private Security Regulatory Authority (PSRA) has ordered all security firms to immediately cease deductions and remittances of security guards’ union contributions to Central Organization of Trade Unions, COTU – Kenya
PSRA Director General Fazul Mahammed also said following the numerous complaints from private security officers, investigations had been launched on the collection and use of all the finances that have been deducted and remitted to COTU.
“Pending conclusion of the investigation, all private security companies are hereby directed to effective immediately stop deducting and remitting private security officers’ trade union fees to the COTU,” Mahammed directed.
PSRA said preliminary investigations revealed that the over 1.3 million guards had contributed billions of shillings to COTU, and which could not be adequately accounted for.
“The Authority, with the aim of protecting the welfare and rights of over 1.3 million private security guards, has instituted an investigation on the collection and use of all finances that have been deducted and remitted to COTU by private security companies,” Mahammed said.
Mahammed said the decision follows complaints from security guards regarding fund usage and their welfare.
Private security companies have consistently deducted trade union fees from private security guards and subsequently remitted the said contributions to the COTU.
Mahammed however said that though the guards had made significant financial contributions, COTU has not lived up to its mandate and has persistently disregarded, declined, and/or neglected to advocate for their rights, advocate for compliance with minimum wage and promote their general welfare.
“As outlined in COTU’s constitutive document, part of the organization core mandate is to represent the voices of workers and actively fight for their social and economic welfare,” Mahammed said.
According to PSRA, private security officers constitute a large percentage of COTU’S membership and despite their low salaries have faithfully contributed trade union fees to COTU for decades.
The directive, which was copied to all directors, CEOs and shareholders of private security firms and the guards, states that the order shall remain in force until such a time the Authority expressly directs otherwise.
Mahammed said Section 10 (b) of the Private Security Regulations Act mandates the PSRA to conduct or cause to be conducted investigations and inquiries with regard to any matter falling within the scope of its function.
“Any private security company that continues to deduct and remit the said fees to the COTU-Kenya shall be subjected to a statutory review of its registration and licensing status,” he further warned.
On March 30, Mahammed warned the COTU Secretary General Francis Atwoli that guards toil day and night to pay their monthly contribution to COTU. “However, COTU does not fight for the interest of guards, it has become another money-making scheme. Atwoli has been at COTU for 23 years, what has he done for security guards in this country? He asked.
Atwoli however took a swipe at PSRA over the claims that they had disregarded the welfare of security guards in the country. In a statement Atwoli accused Mohamed of lacking an understanding of industrial relations practices, and reaffirmed COTU’s leading role in driving reforms within the private security sector.
The PSRA has, in a bid to professionalize the industry, come up with a raft of measures including setting the basic minimum monthly wages for all private security guards operating in Kenya.
The minimum pay will be Sh18,994 with a house allowance of Sh2,849.11 and overtime allowance of Sh8,156.81, totalling to Sh30,000.
The PSRA has also commenced nationwide registration, licensing, and issuance of Guard Force Numbers (GFN) to guards.
PSRA says it is now a mandatory requirement for all guards to undergo training in security matters in an institution accredited by the Authority as a prerequisite requirement for registration and licensing.
Two weeks ago, PSRA ordered private security companies to return the original national identity cards and professional and academic certificates belonging to private security officers.
Mahammed termed the practice of holding such documents as an illegality, and warned that it could lead to revocation of the firms’ licences.
The DG said they were in receipt of numerous complaints from private security officers alleging that private security companies are unlawfully and illegally withholding their national IDs and other crucial documents.
“This is in violation of the law, terms and conditions attached to the certificate of registration and the code of conduct for private security service providers,” he said.
He added: “All private security companies are hereby directed to immediately cease and desist from the aforementioned illegality and to within the next 48 hours hand over all National IDs, academic certificates, and other essential personal documents to private security officers.”
He further warned that Section 32 and 55 of the Private Security Regulation Act mandates the Authority to take action, including but not limited to cancellation of licence, of a private security service provider on the grounds of misconduct, unprofessionalism, breach of the Act or the code of conduct.
All private security officers whose documents are being withheld by any private security company have also been advised to report to the PSRA.
“The authority will ensure this illegality is put to a stop. This measure is being enforced to address and rectify the unlawful retention of personal documents belonging to private security officers,” he said.
Mahammed also said the authority was committed to ensuring that the rights of private security officers are upheld and that any form of exploitation is eradicated.
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