Private Security Regulation Act
This Act may be cited as the Private Security Regulation Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 207
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Private Security Regulation Act. Section 2 is headed "Interpretation" and includes the phrase "National Police Service". Establishes a framework for regulating the private security services industry in accordance with the values and principles set out in the Constitution. Application of the Act: private security officers; Respect, uphold and defend the values and principles enshrined in the Constitution.
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Legal text
Provisions of Private Security Regulation Act
Showing 70 of 70
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: This Act may be cited as the Private Security Regulation Act.
Section 1. Short title Section This Act may be cited as the Private Security Regulation Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Section 2 is headed "Interpretation" and includes the phrase "National Police Service".
Section 2. Interpretation Section National Police Service; - 3 Verify source ↗
PRELIMINARY - 3. Object of the Act
AI-assisted research summary: Establishes a framework for regulating the private security services industry in accordance with the values and principles set out in the Constitution.
Section 3. Object of the Act Section provide for a framework of regulation of the private security services industry in accordance with the values and principles set out in the Constitution; - 4 Verify source ↗
PRELIMINARY - 4. Application of the Act
AI-assisted research summary: Application of the Act: private security officers;
Section 4. Application of the Act Section private security officers; - 5 Verify source ↗
PRELIMINARY - 5. Guiding principles
AI-assisted research summary: Respect, uphold and defend the values and principles enshrined in the Constitution.
Section 5. Guiding principles Section respect, uphold and defend the values and principles enshrined in the Constitution; and - 6 Verify source ↗
PRELIMINARY - 6. Mandatory registration
AI-assisted research summary: Any person or firm offering private security services must be registered by the Authority.
Section 6. Mandatory registration Section Any person or firm offering private security services shall be registered by the Authority in accordance with this Act.
Part II
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY
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ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 10. Powers of the Authority
AI-assisted research summary: The Authority has the power to establish relations and enter co-operation agreements with foreign bodies or offices regulating the private security industry, or with bodies representing such regulators.
Section 10. Powers of the Authority Section establish relations with or enter into co-operation agreements with bodies or offices regulating the private security industry in other countries, or bodies representing such regulators; - 11 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 11. The Board of the Authority
AI-assisted research summary: Section 11 sets out the composition of the Board of the Authority, listing specific members and subsections addressing appointment regulation, representation principles, and membership qualifications.
Section 11. The Board of the Authority Section 11(1)(a) a Chairperson appointed by the President; Section 11(1)(b) the Principal Secretary responsible for matters relating to internal security; Section 11(1)(b)(i) the Principal Secretary responsible for matters relating to internal security; Section 11(1)(b)(ii) the Principal Secretary responsible for matters relating to finance; Section 11(1)(b)(iii) the Principal Secretary responsible for matters relating to labour; Section 11(1)(b)(iv) a representative of the National Police Service; Section 11(1)(b)(v) a representative of the National Intelligence Service; Section 11(1)(b)(vi) two members of registered associations representing employee organizations elected in accordance with regulations prescribed by the Cabinet Secretary; Section 11(1)(b)(vii) two members of registered associations representing private security firms elected in accordance with regulations prescribed by the Cabinet Secretary; Section 11(1)(b)(viii) one member nominated by registered residents' associations to represent the interests of residents; and Section 11(1)(b)(ix) one member nominated by the Kenya Private Sector Alliance. Section 11(2)(a) to regulate the appointment of the representatives under subsection (1)(b)(vi) and (vii); Section 11(2)(b) ensure that the appointment of representatives under subsection (1)(b)(vi) and (vii) is representative of industry players and if possible, provide for rotational appointment to ensure representation of small-and large-scale firms and associations; Section 11(2)(c) ensure that the Board respects and upholds the principles and requirements under Article 232(1) and 27 of the Constitution. Section 11(3)(a) is a citizen of Kenya; Section 11(3)(b) meets the requirements of Chapter Six of the Constitution has served the public with distinction; and Section 11(3)(c) has at least fifteen years' experience in security matters. - 12 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 12. Allowances of the Board
AI-assisted research summary: The Chairperson and members of the Board are to be paid allowances, which the Cabinet Secretary shall determine in consultation with the Salaries and Remuneration Commission.
Section 12. Allowances of the Board Section The Chairperson and members of the Board shall be paid such allowances as the Cabinet Secretary in consultation with the Salaries and Remuneration Commission shall determine. - 13 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 13. Term of Board members
AI-assisted research summary: The Chairperson and Board members serve the Authority for three years and are eligible for one further term of reappointment.
Section 13. Term of Board members Section The Chairperson and members of the Board shall serve the Authority for a period of three years and shall be eligible for reappointment for one further term. - 14 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 14. Committees of the Board
AI-assisted research summary: The Board may establish committees and may co-opt persons with required knowledge and expertise into those committees.
Section 14. Committees of the Board Section 14(1) The Board may establish such committees as may be necessary for the proper discharge of its functions under this Act or any other written law. Section 14(2) The Board may co-opt into the membership of the committees established under subsection (1) any person whose knowledge and expertise may be required. - 15 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 15. Delegation by the Board
AI-assisted research summary: The Authority may, by Board resolution and in writing, delegate its powers or functions to committees, officers, staff or agents; such delegations do not prevent the Authority from exercising the powers and may be withdrawn or vary decisions by the Authority.
Section 15. Delegation by the Board Section 15(1) The Authority may, by resolution generally of the Board or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act. Section 15(2) A delegation under subsection (1) shall not prevent the Authority from exercising the power in question. Section 15(3)(a) shall be subject to any conditions as the Board may impose; Section 15(3)(b) shall not divest the Authority of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 15(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Authority. - 16 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 16. Meetings of the Board
AI-assisted research summary: The Board must conduct its business and affairs as set out in the First Schedule.
Section 16. Meetings of the Board Section The conduct of the business and affairs of the Board shall be as set out in the First Schedule. - 17 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 17. Powers of the Cabinet Secretary
AI-assisted research summary: The Authority must operate under the supervision of the Cabinet Secretary; if the Authority fails to maintain prescribed standards, the Cabinet Secretary may give general or special directions to remedy the failure.
Section 17. Powers of the Cabinet Secretary Section 17(1) The Authority shall operate under the supervision of the Cabinet Secretary. Section 17(2) Where the Authority fails to maintain any prescribed standard in the fulfilment of its functions under this Act, the Cabinet Secretary may give general or special directions to the Authority describing the extent of the failure and stating the steps required to remedy the situation. - 18 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 18. Director
AI-assisted research summary: The Board, with the Cabinet Secretary, must competitively appoint a Director who will be CEO and Board Secretary; the Director serves a three-year term (eligible for one reappointment subject to satisfactory performance), must not have interests in the private security services industry, and is responsible to the Board for day-to-day operations.
Section 18. Director Section 18(1) The Board, in consultation with the Cabinet Secretary, shall competitively appoint a Director of the Authority who shall be the Chief Executive Officer and Secretary to the Board. Section 18(2)(a) public administration and management; Section 18(2)(a)(i) public administration and management; Section 18(2)(a)(ii) law; Section 18(2)(a)(iii) business administration; or Section 18(2)(a)(iv) security studies; Section 18(2)(b) meets the requirements of Chapter Six of the Constitution; and Section 18(2)(c) has at least ten years experience, five of which shall be experience at senior management level. Section 18(3) The Director shall serve the Authority for a term of three years and shall be eligible, subject to satisfactory performance of his or her functions, for reappointment for one further term. Section 18(4) A person shall not be appointed as the Director or an officer of the Authority if such person has any direct or indirect interest in the private security services industry. Section 18(5) The Director may be removed from office for gross misconduct, violation of the Constitution or any other law or on any other ground as may be provided for in the contract of employment. Section 18(6) The Director shall be responsible to the Board for the day to day operations of the Authority. - 19 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 19. Staff of the Authority
AI-assisted research summary: The Board must competitively appoint suitably qualified staff as needed for the Authority to perform its functions.
Section 19. Staff of the Authority Section 19(1) The Board shall competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Authority. Section 19(2)(a) afford adequate and equal opportunities for appointment and advancement at all levels, of men and women, members of all ethnic groups and persons with disabilities; Section 19(2)(b) exercise transparency in the recruitment process; and Section 19(2)(c) ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability. - 20 Verify source ↗
Provision
Section 20. Terms and conditions of service Section on such conditions of service as the Board in consultation with the Public Service Commission may determine; and - 7 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 7. Establishment of Authority
AI-assisted research summary: Establishes an Authority called the Private Security Regulatory Authority.
Section 7. Establishment of Authority Section 7(1) There is established an Authority to be known as the Private Security Regulatory Authority. Section 7(2)(a) suing and being sued; Section 7(2)(b) acquiring, holding and disposing of movable and immovable property; and Section 7(2)(c) doing or performing all such other things or acts as may be lawfully done by a body corporate. - 8 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 8. Access to services
AI-assisted research summary: The Authority's headquarters must be in Nairobi; the Authority must ensure reasonable access to its services across the Republic, insofar as appropriate and having regard to the nature of the service.
Section 8. Access to services Section 8(1) The Headquarters of the Authority shall be in Nairobi. Section 8(2) The Authority shall ensure reasonable access of its services in all parts of the Republic, so far as it is appropriate to do so, having regard to the nature of the service. - 9 Verify source ↗
ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 9. Functions of the Authority
AI-assisted research summary: The Authority must ensure effective administration, supervision, regulation and control of the private security services industry in Kenya.
Section 9. Functions of the Authority Section ensure the effective administration, supervision, regulation and control of the private security services industry in Kenya;
Part III
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER
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REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 21. Registration of individual private security service provider
AI-assisted research summary: A person must not provide or offer private security services in Kenya for a fee unless registered by the Authority under this Act.
Section 21. Registration of individual private security service provider Section A person shall not engage in the provision of private security services or offer private security services in Kenya at a fee unless that person is registered by the Authority in accordance with this Act. - 22 Verify source ↗
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 22. Interpretation
AI-assisted research summary: Defines "a security guard".
Section 22. Interpretation Section a security guard; - 23 Verify source ↗
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 23. Requirement for Registration
AI-assisted research summary: An individual private security services provider must apply for registration to the Authority in the prescribed form and manner and pay the prescribed application fee; eligibility is subject to listed personal qualifications.
Section 23. Requirement for Registration Section 23(1) An individual private security services provider shall make an application for registration to the Authority in such form and manner as may be prescribed and the application shall be accompanied by the prescribed application fee. Section 23(2)(a) is a citizen of Kenya or a person who is ordinarily resident in Kenya; Section 23(2)(b) is over eighteen years of age; Section 23(2)(c) holds at least a primary school certificate; Section 23(2)(d) has attended training in security matters in an institution accredited by the Authority; Section 23(2)(e) submits a certificate of good conduct issued by the Directorate of Criminal Investigation; Section 23(2)(f) where he or she previously served in any of the disciplined services, produces a certificate of discharge and a certificate of clearance from such service; Section 23(2)(g) has no criminal record; and Section 23(2)(h) is of sound mind. - 24 Verify source ↗
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 24. Issuance of a certificate of registration
AI-assisted research summary: The Authority shall issue a certificate of registration to all successful applicants as evidence of registration.
Section 24. Issuance of a certificate of registration Section The Authority shall issue a certificate of registration to all successful applicants as evidence of registration. - 25 Verify source ↗
Provision
AI-assisted research summary: The registration terms and conditions remain in force for a period specified in the section not exceeding one year and may be renewed from time to time for periods not exceeding one year.
Section 25. Registration terms and conditions Section shall remain in force for such period as may be specified therein not exceeding one year and may be renewed from time to time for periods not exceeding one year; - 26 Verify source ↗
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 26. Renewal of registration
AI-assisted research summary: Individual private security service providers must annually register with the Authority; to renew they must submit the prescribed fee and evidence of at least one week of security training in the preceding year; the Authority shall consider renewals and may renew or decline, must communicate reasons in writing if it declines, and must refund fees if renewal is refused.
Section 26. Renewal of registration Section 26(1) An individual private security service provider shall annually register with the Authority in a manner prescribed by the Authority. Section 26(2)(a) the prescribed application fee; and Section 26(2)(b) evidence of having undertaken training in security matters of not less than a week in the preceding year. Section 26(3) The Authority shall consider the application for renewal of registration referred to under subsection (1) and may renew or decline to renew the registration. Section 26(4) The Authority may decline to register or renew the registration of any individual private security service provider where the Authority after undertaking investigations is convinced that the applicant no longer meets the requirements set out under section 23 (2), is a threat to national security; or for any other compelling and justifiable cause. Section 26(5) Where the Authority declines to renew the registration of an applicant as provided under subsection (4), the Authority shall communicate, in writing, the reasons for declining. Section 26(6) Where an application for renewal of registration is refused, any fee paid under subsection (2) shall be refunded to the applicant. - 27 Verify source ↗
REQUIREMENTS FOR REGISTRATION AS AN INDIVIDUAL PRIVATE SECURITY SERVICE PROVIDER - 27. Compliance with the code of conduct
AI-assisted research summary: An individual private security service provider must at all times comply with the code of conduct in the Second Schedule.
Section 27. Compliance with the code of conduct Section An individual private security service provider shall at all times comply with the code of conduct set out in the Second Schedule.
Part IV
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER
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REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 28. Mandatory registration
AI-assisted research summary: A person must not provide or offer private security services in Kenya for a fee unless licensed by the Authority under this Act.
Section 28. Mandatory registration Section A person shall not engage in the provision of private security services or offer private security services in Kenya at a fee unless that person is licensed by the Authority in accordance with this Act. - 29 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 29. Requirements for licensing
AI-assisted research summary: Section 29 sets requirements for licensing private security service providers, including that foreign companies must have at least twenty five percent local shareholding and that fees be prescribed by the Authority.
Section 29. Requirements for licensing Section 29(1) An application for a licence to offer private security services in Kenya shall be made to the Authority in writing, in the manner prescribed and shall be accompanied by such fees as shall be prescribed by the Authority. Section 29(2)(a) is a company incorporated and established in Kenya; Section 29(2)(b) if a foreign company, is registered whether as a limited liability company or a partnership in accordance with the laws of Kenya and has at least twenty five percent local shareholding; Section 29(2)(c) has persons performing executive or management functions in respect of the security business who are registered as private security service providers under this Act; and Section 29(2)(d) has been security-vetted and nothing adverse has been established. - 30 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 30. Approval or decline to issue a licence
AI-assisted research summary: The Authority must consider licence applications and, if applicants meet the Act's requirements, issue a licence; if the Authority refuses on the listed grounds it must state reasons and inform the applicant of the right of appeal.
Section 30. Approval or decline to issue a licence Section 30(1) The Authority shall consider applications for a licence received under this Act and shall if the applicants meet the requirements under this Act issue a licence. Section 30(2)(a) a resolution has been passed or an order has been made by a court of competent jurisdiction for its winding up; Section 30(2)(b) a receiver has been appointed for any of its property; Section 30(2)(c) any of its directors has been convicted of an offence and sentenced to imprisonment for a period exceeding six months; Section 30(2)(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 Section 30(2)(e) it considers that it is not in the national interest to grant a licence. Section 30(3) Where the Authority refuses to grant a licence on any of the grounds specified in subsection (2) the Authority shall state the reasons therefor and inform the applicant of the right of appeal conferred by this Act or any other written law. - 31 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 31. Licence
AI-assisted research summary: The Licence Section remains in force for a period not exceeding five years, subject to annual renewal.
Section 31. Licence Section shall remain in force for such period as may be specified therein not exceeding five years, subject to annual renewal; and - 32 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 32. Cancellation of a licence
AI-assisted research summary: The Authority must notify a licensee in writing when it cancels the licence under subsection (1), stating reasons and informing the licensee of the right of appeal; subsection (1) lists factual grounds (a)–(d) related to bankruptcy, false application information, inability to fulfil licence conditions, or conviction with a fine over five hundred thousand shillings.
Section 32. Cancellation of a licence Section 32(1)(a) the licensee has had an order in bankruptcy made against him or her which remains undischarged; Section 32(1)(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 licence; Section 32(1)(c) the condition upon which the licence was originally granted or renewed can no longer be fulfilled by the licensee; or Section 32(1)(d) the licensee is convicted of any offence under this Act or any offence and sentenced to a fine exceeding five hundred thousand shillings. Section 32(2) Where the Authority cancels a licence under subsection (1), it shall notify the licensee in writing of such cancellation, stating the reasons therefor, and of the right of appeal conferred by this Act or any other written law. - 33 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 33. Registration of officers in a firm
AI-assisted research summary: Private security firms must not employ unregistered security personnel; persons employed in such firms and licence-holders must apply to the Authority for registration.
Section 33. Registration of officers in a firm Section 33(1) A private security service firm shall not employ a private security service provider, a security guard or a trainer who is not registered under this Act. Section 33(2) Every person who is employed in a private security service firm, including a person offering security services training shall apply to the Authority to be registered under this Act. Section 33(3) Every person who is the holder of a licence to operate the business of a private security service firm shall apply to the Authority to be registered under this Act. Section 33(4) An application under this section shall be made to the Authority in such form and manner as may be prescribed. - 34 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 34. Issuance of a licence or certificate
AI-assisted research summary: The Authority must issue a licence or certificate of registration in the prescribed form within fourteen days from the date of registration.
Section 34. Issuance of a licence or certificate Section A licence or certificate of registration issued under this Act shall be issued by the Authority in the prescribed form within fourteen days from the date of registration. - 35 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 35. Duties of a licensee
AI-assisted research summary: Section 35 is titled "Duties of a licensee" and lists "any dismissal, resignation or retirement of any director or partner in the organization or firm;"
Section 35. Duties of a licensee Section any dismissal, resignation or retirement of any director or partner in the organization or firm; - 36 Verify source ↗
REGISTRATION AS A CORPORATE PRIVATE SECURITY SERVICE PROVIDER - 36. Particulars of employment
AI-assisted research summary: Private security guards and individual private security services providers must immediately notify the Authority in writing of any termination or change in their employment.
Section 36. Particulars of employment Section A private security guard or an individual private security services provider shall forthwith notify the Authority in writing of any termination or change in his or her employment.
Part IX
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS
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INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 54. Inspection of books, documents etc.
AI-assisted research summary: Section 54 allows the Authority to specify books, documents and records a licensee must keep and to request production for inspection; refusal to comply is an offence punishable by a fine and may lead to licence cancellation.
Section 54. Inspection of books, documents etc. Section 54(1)(a) by notice in writing to a licensee specify the books, documents and records to be kept by the licensee under this Act; and Section 54(1)(b) request any licensee to make available to the Authority for its inspection such books, documents or records as may be specified in the notice. Section 54(2) Any person who refuses to comply with a request made under subsection (1) commits an offence and upon conviction, shall be liable to a fine not exceeding five hundred thousand shillings and the Authority may cancel his or her licence. - 55 Verify source ↗
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 55. Conduct of inquiry
AI-assisted research summary: The Authority has powers to establish a complaints office, institute and conduct inquiries (or refer them to a committee), require particulars and affidavits, summon persons, and must institute inquiries when a pattern of employees' illegal actions emerges; it must notify complainants and persons complained against and may impose sanctions including caution, fines up to two hundred thousand shillings, suspension of certificates, or cancellation of registration.
Section 55. Conduct of inquiry Section 55(1) The Authority may establish a complaints office to receive, process, refer or deal with complaints regarding the quality of service rendered by private security service providers; Section 55(2) The Authority may, on its own initiative or upon a complaint addressed to it in writing by or on behalf of any person alleging misconduct, unprofessionalism or breach of this Act or the Code of Conduct on the part of any registered private security service provider, institute an inquiry into the conduct of such provider. Section 55(3) The Authority shall institute an inquiry where a pattern emerges of illegal actions of the employees of a particular private security service provider. Section 55(4) The Authority may conduct the inquiry or refer the matter to a committee that it has established. Section 55(5) The Authority may require the complainant to provide additional particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit. Section 55(6) Upon receipt of any complaint against a registered private security service provider, the Authority shall notify the person of the complaint and the grounds of the complaint, under a cover of registered letter, sent to the address recorded in the register of the Authority. Section 55(7) The Authority may, in writing, call upon the person whose conduct is complained of or is under investigation to file, within ten days after receipt of the notice, an explanation to be verified by affidavit. Section 55(8) The Authority may, upon receipt of a complaint against any person, or where it appears to it that any person's conduct requires investigation, summon such person to appear before it or before its committee and to produce such documents in such person's custody or adduce such evidence as may relate to the matter under investigation. Section 55(9) The person summoned under subsection (7) shall have the right to appear before the Authority and to be heard either personally or through his or her advocate, and may call such evidence and produce such documents as may be appropriate. Section 55(10)(a) cautioning the person; Section 55(10)(b) imposing a fine, not exceeding two hundred thousand shillings on the person; Section 55(10)(c) suspending the certificates of operation; or Section 55(10)(d) cancelling registration. Section 55(11)(a) further training; Section 55(11)(b) discipline; or Section 55(11)(c) removal and prosecution of the affected employees of a private security service provider. - 56 Verify source ↗
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 56. Appointment of inspector
AI-assisted research summary: Section 56 lets the Board appoint inspectors (subject to the Act); the Director must give each inspector a prescribed certificate; inspectors must show the certificate on request when performing functions; the Board or an authorized Director may temporarily appoint non‑staff persons as inspectors; inspectors may be accompanied by assistants, interpreters or National Police Service members when performing functions.
Section 56. Appointment of inspector Section 56(1) Subject to the provisions of this Act, the Board may appoint inspectors as staff members of the Authority in terms of this Act. Section 56(2) The director shall furnish every inspector with a certificate in the prescribed form to the effect that he or she has been so appointed. Section 56(3) An inspector shall at the request of any interested person produce the certificate when performing a function in terms of this Act. Section 56(4) The Board, or the Director if he or she has been authorized generally or specifically by the Board, may, if it is considered necessary in the circumstances to acquire special expertise or to augment the capacity of the Authority temporarily, appoint any person, who is not in the full-time employment of the Authority, as an inspector for a particular inspection or to assist an inspector with a particular inspection. Section 56(5) When performing any function in terms of this Act, an inspector may be accompanied by and utilise the services of an assistant, an interpreter or any member of the National Police Service. - 57 Verify source ↗
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 57. Code of conduct of inspectors
AI-assisted research summary: The Authority must prescribe a legally binding code of conduct for inspectors; that code must set minimum standards and contain rules for compliance; inspectors are subject to offences and penalties set out in the code.
Section 57. Code of conduct of inspectors Section 57(1) The Authority shall prescribe a code of conduct for inspectors, which is legally binding on all the inspectors. Section 57(2) The code of conduct referred to under subsection (1), shall contain rules relating to compliance by inspectors with a set of minimum standards of conduct which are necessary to realize the objects of the Authority. Section 57(3) In addition to the offences provided for under this Act or any other written law, inspectors shall be subject to the offences and penalties prescribed in the code of conduct. - 58 Verify source ↗
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 58. Inspection of private security service providers
AI-assisted research summary: An inspector may inspect the affairs of private security service providers or persons employing private security officers (subject to any direction of the Director), and after an inspection must compile a report, give a copy to the relevant person and submit the original to the Director.
Section 58. Inspection of private security service providers Section 58(1) An inspector may, subject to any direction of the Director, carry out an inspection of the affairs or any part of the affairs of a private security service provider, of any other person who employs a private security officer, or of a person whom the Director has reason to believe is a private security service provider or employs a private security officer. Section 58(2) An inspector who carries out an inspection in terms of this section shall, on completion of the inspection, compile a report of the inspection, provide a copy thereof to the relevant private security service provider or other person contemplated in subsection (1) and submit the original to the Director. - 59 Verify source ↗
INQUIRY INTO CONDUCT OF PRIVATE SECURITY SERVICES PROVIDERS - 59. Powers of inspectors relating to private security service providers
AI-assisted research summary: Section title establishes 'Powers of inspectors relating to private security service providers' and refers to premises occupied or used in connection with the rendering of private security services and that the Director may have reason to believe such premises are so occupied or used.
Section 59. Powers of inspectors relating to private security service providers Section occupied by or used in connection with the rendering of a private security service by a private security service provider; which the Director has reason to believe are occupied by or used in connection with the rendering of a private security service by a private security service provider or another person subject to this Act; or
Part V
GENERAL PROVISIONS ON REGISTRATION
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GENERAL PROVISIONS ON REGISTRATION - 37. Additional requirements for registration
AI-assisted research summary: Additional requirements for registration apply to the applicant if the applicant is a natural person.
Section 37. Additional requirements for registration Section of the applicant, if the applicant is a natural person; - 38 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 38. Inspection for registration compliance
AI-assisted research summary: The Authority may order inspections to check whether an applicant meets the registration requirements of the Act.
Section 38. Inspection for registration compliance Section The Authority may cause such inspection to be conducted, as it may consider necessary to establish whether an applicant meets the requirements for registration contemplated under this Act. - 39 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 39. Ineligibility for registration
AI-assisted research summary: If a partner, owner or shareholder of a private security firm becomes disqualified under subsection (1), they shall cease to be a partner, owner or shareholder of the firm for purposes of providing private security services.
Section 39. Ineligibility for registration Section 39(1)(a) is in the permanent employment of the Authority, the National Intelligence Service, the disciplined services or the prisons department; Section 39(1)(b) has been convicted by a competent court of an offence involving violence, theft or fraud; Section 39(1)(c) is an undischarged bankrupt; Section 39(1)(d) is found to be associating with any organization which is prohibited under any law for the time being in force; Section 39(1)(e) being a public officer, is dismissed from service on grounds of misconduct or moral turpitude; Section 39(1)(f) is an agent of foreign power; or Section 39(1)(g) is or has engaged in acts prejudicial to national security or national interests. Section 39(2) A partner, owner or shareholder of a private security firm who becomes disqualified under subsection (1) shall cease to be a partner, owner or shareholder of the firm for purposes of providing private security services and the provisions of the Companies Act (Cap. 486) shall apply. - 40 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 40. Authority Register
AI-assisted research summary: The register must be open to inspection by any person at all reasonable times; the Authority may determine other information to include.
Section 40. Authority Register Section 40(1)(a) the names, addresses and occupations of licensees; Section 40(1)(b) the names of persons issued with a registration certificate or a licence and the registration number and date of issue of such certificate or licence; Section 40(1)(c) a description of any licence, permit or certificate issued to the licensee pursuant to the Firearms Act (Cap. 114); Section 40(1)(d) the terms and conditions (if any) subject to which a licence is granted; Section 40(1)(e) any other information as the Authority may consider necessary for purposes of realizing the principles under Article 35(1) and 35(3) and the principles of national security enshrined in Article 238(1) and 238(2) of the Constitution. Section 40(2) The register referred to in subsection (1) shall, at all reasonable times, be open to inspection by any person. - 41 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 41. Registered person to keep register
AI-assisted research summary: Private security providers must keep a register of all persons they employ for providing security.
Section 41. Registered person to keep register Section 41(1) A private security provider shall keep a register of all persons employed for purposes of providing security. Section 41(2) The register referred to under subsection (1) shall include the names of the employees, particulars of employment and any other information as may be prescribed by the Authority. - 42 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 42. Access to information
AI-assisted research summary: The Authority must maintain an up-to-date official website to make the register and necessary information available, and when publicizing information the Authority must respect and uphold others' human rights including the right to privacy.
Section 42. Access to information Section 42(1) The Authority shall maintain an up-to-date official website where the register and any other information as may be necessary shall be availed. Section 42(2) In publicizing and publishing information under this Act, the Authority shall respect and uphold the human rights and fundamental freedoms of others including the right to privacy. - 43 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 43. Appeals to the Cabinet Secretary
AI-assisted research summary: Allows an aggrieved person to appeal a decision of the Authority to the Cabinet Secretary within thirty days; sets timelines and procedures for the Cabinet Secretary and stays action by the Authority pending the appeal.
Section 43. Appeals to the Cabinet Secretary Section 43(1) Any person aggrieved by a decision of the Authority may within thirty days of such decision, appeal to the Cabinet Secretary. Section 43(2) The Cabinet Secretary shall within seven days of receipt, constitute an ad hoc committee, comprising of not more than three persons to hear and determine the appeal. Section 43(3) The Cabinet Secretary shall ensure that any appeal brought before him or her is heard and determined within thirty days of receipt. Section 43(4) The Cabinet Secretary shall within fourteen days of the hearing of an appeal under this section deliver his or her decision in writing. Section 43(5) Where an appeal is lodged under this section, the Authority shall not take any action until the appeal has been heard and determined. Section 43(6) Any person making an appeal under this section may either in person or by his or her representative make oral or written submissions to the Cabinet Secretary or the Committee established under subsection (2). - 44 Verify source ↗
GENERAL PROVISIONS ON REGISTRATION - 44. Appeals to courts
AI-assisted research summary: A person aggrieved by a decision of the Authority or the Cabinet Secretary under this Act may appeal to any court of competent jurisdiction.
Section 44. Appeals to courts Section Any person aggrieved by a decision of the Authority or the Cabinet Secretary under this Act may appeal to any court of competent jurisdiction.
Part VI
COOPERATION WITH NATIONAL SECURITY ORGANS
- 45 Verify source ↗
COOPERATION WITH NATIONAL SECURITY ORGANS - 45. Duty to cooperate
AI-assisted research summary: Private security service providers must cooperate with national security organs, the Inspector General of the National Police Service or the Cabinet Secretary when called upon; the Cabinet Secretary, in consultation with the Inspector‑General and the Authority, must make regulations about cooperation, scope, mechanism and command.
Section 45. Duty to cooperate Section 45(1) Whenever called upon by a national security organ, the Inspector General of the National Police Service or the Cabinet Secretary, a private security service provider shall cooperate in the maintenance of law and order or in any other manner as may be provided for in the instrument of request. Section 45(2) The Cabinet Secretary in consultation with the Inspector-General and the Authority shall make regulations generally to provide for any matter relating to the cooperation, scope, mechanism and command in the case of cooperation with the private security service provider.
Part VII
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER
- 46 Verify source ↗
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER - 46. Power to arrest
AI-assisted research summary: Private security providers, guards or officers may arrest persons committing offences on premises they are responsible for; they must hand the arrested person over immediately to the nearest police station or post, must exercise the arrest power responsibly without infringing rights, and may be prosecuted and have licences cancelled if they violate rights. The Cabinet Secretary must make regulations for responsible exercise of the arrest power.
Section 46. Power to arrest Section 46(1) In exercise of the citizens right to arrest, a private security service provider, a security guard or a security officer may arrest a person who commits an offence within the premises in which that provider, guard or officer is responsible for and immediately hand over the person to the nearest police station or post. Section 46(2) The right to arrest under subsection (1) shall be responsibly exercised and shall not infringe on any right or fundamental freedom of a person. Section 46(3) A private security service provider, a security guard or security guard who violates an individual right or fundamental freedom in exercise of the right to effect arrest under this section commits an offence and shall in addition to cancellation of licence be liable on conviction to the penalty prescribed under this Act or any other written law whichever is higher. Section 46(4) The Cabinet Secretary shall make regulations generally to provide for the responsible exercise of the power of arrest granted under this section. - 47 Verify source ↗
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER - 47. Power to search
AI-assisted research summary: Private security providers, guards or officers may search persons entering or exiting a building or property without a warrant; they must not infringe constitutional rights; violations are offences with licence cancellation and higher penalties; the Cabinet Secretary must make regulations within three months of commencement.
Section 47. Power to search Section 47(1) A private security service provider, a security guard or security officer manning a building or responsible for any property may search a person on entry or exit of that building or property without a warrant. Section 47(2) In the exercise of the power to search under subsection (1), a private security service provider, a security guard or a security officer shall not infringe on any right or fundamental freedom of an individual under the Constitution. Section 47(3) The power to search under subsection (1) shall be exercised responsibly and shall be subject to any other written law. Section 47(4) A private security service provider, a security guard or security guard who violates an individual right or fundamental freedom in exercise of the right to search under this section commits an offence and shall in addition to cancellation of licence, be liable on conviction to the penalty prescribed under this Act or any other written law whichever is higher. Section 47(5) The Cabinet Secretary shall, within three months of the commencement of this Act, make regulations generally to provide for the responsible exercise of the power of search granted under this section. - 48 Verify source ↗
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER - 48. Power to record and temporarily withhold identification documents
AI-assisted research summary: At the entry to premises under a private security service provider, the provider or its security staff may ask a person to identify themselves, record entry and exit times, and temporarily retain that person's identification document; the Cabinet Secretary must make regulations to give effect to this section, and violations are offences punishable by a penalty prescribed under the Act.
Section 48. Power to record and temporarily withhold identification documents Section 48(1) At the entry of any premises or property within the jurisdiction and care of a private security service provider, a security guard or a security officer, the private security service provider, security guard or officer may request a person to identify themselves, register the time of entrance and exit of the person and retain temporarily the identification document of such person. Section 48(2)(a) be given back to the person at the point of exit; Section 48(2)(b) not be used for any other purpose save for identification; Section 48(2)(c) be kept in safe custody until given back to the owner. Section 48(3) Subject to section 45 , any information obtained in the registration of a person under subsection (1) shall not be used for any other purposes save for identification of the person. Section 48(4) The Cabinet Secretary shall make regulations generally to give full effect to this section. Section 48(5) A person who violates any provision of this section or any regulations made thereunder commits an offence and shall be liable on conviction to a penalty prescribed under this Act. - 49 Verify source ↗
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER - 49. Right to report a violation of the law
AI-assisted research summary: People subject to the Act who witness an offence must report violations of written law to the relevant state authority; aiding or abetting an offence is an offence liable to penalty; witness protection law applies to security personnel who are witnesses and whose identity is withheld.
Section 49. Right to report a violation of the law Section 49(1) Any person subject to this Act who witnesses the commission of an offence is obliged to report any violation of a written law to the relevant state authority. Section 49(2) Any person subject to this Act who aids or abets the commission of an offence under any written law commits an offence and shall be liable upon conviction to penalty prescribed in this Act or any other written law. Section 49(3) The law relating to witness protection or any other law shall be applicable to security guards, private security officer or any private security services provider who is a witness and whose identity shall be withheld in the interest of justice. - 50 Verify source ↗
GENERAL POWERS OF A PRIVATE SECURITY SERVICE PROVIDER - 50. Powers excludes police powers
AI-assisted research summary: This Part does not give private security providers, security guards, or security officers the powers of a police officer or member of a disciplined service.
Section 50. Powers excludes police powers Section For the avoidance of doubt, nothing contained in this Part shall be construed as conferring upon a private security service provider, a security guard or a security officer the powers of a police officer or member of a disciplined service.
Part VIII
EQUIPMENT AND OTHER TOOLS OF TRADE FOR PRIVATE SECURITY SERVICES
- 51 Verify source ↗
EQUIPMENT AND OTHER TOOLS OF TRADE FOR PRIVATE SECURITY SERVICES - 51. Equipment
AI-assisted research summary: The Cabinet Secretary, in consultation with the Authority and private security providers, must make regulations to give full effect to this section; a person who contravenes this section commits an offence and may face licence cancellation and a penalty on conviction.
Section 51. Equipment Section 51(1)(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; Section 51(1)(b) brand its vehicles in similar colors with any disciplined force or national security organ in Kenya; Section 51(1)(c) install communication tools or systems capable of interfering with a communication system used by any disciplined forces or national security organ in Kenya; Section 51(1)(d) use the names, logos, initials and emblems similar or resembling those of a national security organ or a disciplined service; Section 51(1)(e) use or install equipment that is capable of intercepting or otherwise interfering with another person's communication; or Section 51(1)(f) use or install such other equipment as the Cabinet Secretary may from time to time prescribe. Section 51(2) The Cabinet Secretary in consultation with the Authority and private security providers shall make regulations generally to give full effect to this section. Section 51(3)(a) the use or otherwise of certain types of equipment and tools by security service providers in the rendering of a security service; Section 51(3)(b) the manufacture, importation, selling, distribution and possession of certain security equipment; and Section 51(3)(c) classification of security equipment that may not be used without the authority of the Cabinet Secretary. Section 51(4) A person who contravenes this section commits an offence and shall, in addition to cancellation of licence, be liable, on conviction, to a penalty prescribed in this Act or any other written law, whichever is higher. - 52 Verify source ↗
EQUIPMENT AND OTHER TOOLS OF TRADE FOR PRIVATE SECURITY SERVICES - 52. Use of animals for security purposes
AI-assisted research summary: Private security service providers must handle animals used for security purposes humanely and are subject to animal protection and welfare laws; contravening the section is an offence.
Section 52. Use of animals for security purposes Section 52(1) A private security service provider shall handle animals used for security purposes under their care or use in a manner that is not cruel to the animal. Section 52(2) The laws applicable to the protection and welfare of animals shall be applicable to private security service providers. Section 52(3)(a) the use of animals in the provision of private security services; Section 52(3)(b) the care of animals in the provision of private security services; Section 52(3)(c) the training, registration, use, treatment, transportation and general care of animals used by private security service providers and other persons who employ private security officers, or in connection with rendering a security service; and Section 52(3)(d) any other relevant matter to give full effect to this section. Section 52(4) A person who contravenes any provision of this section commits an offence. - 53 Verify source ↗
EQUIPMENT AND OTHER TOOLS OF TRADE FOR PRIVATE SECURITY SERVICES - 53. Use of firearms
AI-assisted research summary: Private security service providers must not use or allow the use of firearms when providing security services.
Section 53. Use of firearms Section 53(1) A private security service provider shall not use or allow the use of firearms in the rendering of a security service. Section 53(2) A person who contravenes the provisions of this section commits an offence and shall in addition to cancellation of licence, be liable on conviction to a penalty prescribed in this Act or any other written law, whichever is higher.
Part X
PRIVATE SECURITY FIDELITY FUND
- 60 Verify source ↗
PRIVATE SECURITY FIDELITY FUND - 60. Private Security Fidelity Levy
AI-assisted research summary: The Cabinet Secretary must, on the advice of the Authority, impose a Private Security Fidelity Levy on private security service firms licensed under this Act; the Cabinet Secretary may instead impose the levy on registered private security providers, may prescribe the levy amount, and may set different amounts for individuals and firms.
Section 60. Private Security Fidelity Levy Section 60(1) The Cabinet Secretary shall on the advice of the Authority, impose a levy, to be known as the Private Security Fidelity Levy, on all private security service firms licensed under this Act to provide private security services. Section 60(2) Notwithstanding subsection (1) the Cabinet Secretary may impose the levy on all private security providers registered under this Act. Section 60(3) The levy shall be in such amount as the Cabinet Secretary may prescribe, and the Cabinet Secretary may impose different amounts of levy to be paid by individuals and private security firms licensed under this Act. - 61 Verify source ↗
PRIVATE SECURITY FIDELITY FUND - 61. Private Security Fidelity Fund
AI-assisted research summary: Establishes the Private Security Fidelity Fund, vests it in and has it operated by a Board of Trustees under the control of the Cabinet Secretary; requires the levy imposed under the Act to go into the Fund and payments required under the Act to come out of the Fund; states the Fund's purposes and gives the Cabinet Secretary power to prescribe the Board's qualifications and appointment and other matters regarding the Fund.
Section 61. Private Security Fidelity Fund Section 61(1) There is established a Fund to be known as the Private Security Fidelity Fund which shall vest in and be operated by a Board of Trustees under the control of the Cabinet Secretary. Section 61(2)(a) into the Fund, the levy imposed under this Act; and Section 61(2)(b) out of the Fund, all payments required under this Act. Section 61(3) The purpose of the Fund shall be to sustain the operations of the Authority and to organize training workshops or seminars for private security providers. Section 61(4)(a) the qualifications and appointment of the Board of Trustees of the Fund; Section 61(4)(b) any other thing which he or she may consider necessary to prescribe with regard to the Fund. - 62 Verify source ↗
PRIVATE SECURITY FIDELITY FUND - 62. Fund subject to relevant laws
AI-assisted research summary: The Private Security Fidelity Fund must be administered and managed in accordance with the Public Finance Management Act (Cap. 412A) and any other relevant written law.
Section 62. Fund subject to relevant laws Section The Private Security Fidelity Fund shall be administered and managed in accordance with the Public Finance Management Act (Cap. 412A) and any other relevant written law.
Part XI
FINANCIAL PROVISIONS
- 63 Verify source ↗
FINANCIAL PROVISIONS - 63. Funds of the Authority
AI-assisted research summary: Section 63 defines the Authority's funds, prohibits the Authority from accepting funds, gifts or donations from persons it regulates, requires donated moneys to be declared at the end of each financial year, and requires payment from the Authority's funds to defray its expenditure.
Section 63. Funds of the Authority Section 63(1)(a) such funds as may be provided by Parliament; Section 63(1)(b) such funds as may be collected under the Private Security Fidelity Fund; Section 63(1)(c) such moneys or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act of any other written law; and Section 63(1)(d) all moneys from any other source provided for or donated or lent to the Authority. Section 63(2) Notwithstanding subsection (1) (b), (c) and (d) the Authority shall not accept funds, gifts or other donations from any person it regulates. Section 63(3) Any moneys donated to the Authority shall be declared at the end of each financial year. Section 63(4) There shall be paid out of the funds of the Authority all sums required to defray the expenditure incurred by the Authority in the exercise of its powers and the performance of its functions under this Act. - 64 Verify source ↗
FINANCIAL PROVISIONS - 64. Financial year
AI-assisted research summary: The Authority's financial year is the twelve-month period ending on 30 June each year.
Section 64. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in each year. - 65 Verify source ↗
FINANCIAL PROVISIONS - 65. Annual Estimates
AI-assisted research summary: The Authority must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before the year starts, submit them to the Cabinet Secretary with Treasury concurrence, and must not increase them thereafter without the Cabinet Secretary's consent.
Section 65. Annual Estimates Section 65(1) Subject to the Public Finance Management Act (Cap. 412A), at least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of revenue and expenditure of the Authority for that year. Section 65(2)(a) the payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Authority; Section 65(2)(b) the proper maintenance of the buildings and grounds of the Authority; Section 65(2)(c) the maintenance, repair and replacement of the equipment and other property of the Authority; Section 65(2)(d) the creation of such reserve funds as the Authority may consider appropriate to meet the recurrent expenditure and contingent liabilities of the Authority; Section 65(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval with the concurrence of the Treasury, and thereafter the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary. - 66 Verify source ↗
FINANCIAL PROVISIONS - 66. Accounts and Audit
AI-assisted research summary: The Authority must keep proper books and records of its accounts; the Authority's accounts must be audited and reported in accordance with the Public Audit Act (Cap. 412B).
Section 66. Accounts and Audit Section 66(1) The Authority shall cause to be kept all proper books and other records of accounts of the income, expenditure, assets and liabilities of the Authority. Section 66(2) The accounts of the Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).
Part XII
MISCELLANEOUS PROVISIONS
- 67 Verify source ↗
MISCELLANEOUS PROVISIONS - 67. Annual reports
AI-assisted research summary: The Authority must submit an annual report on the discharge of its functions at the end of each financial year or when requested by the Cabinet Secretary, and that report must include several specified items.
Section 67. Annual reports Section 67(1) At the end of each financial year or upon request by the Cabinet Secretary, the Authority shall submit an annual report on the discharge of its functions under this Act or any other written law. Section 67(2)(a) the number of registration certificates and licenses issued in the period under review; Section 67(2)(b) the number of applications for registration and licenses declined or registration and licenses cancelled and the justifications thereof; Section 67(2)(c) any impediment encountered in the discharge of its functions; Section 67(2)(d) any policy matters that the Authority may require to be redressed by the Cabinet Secretary; and Section 67(2)(e) any other matter that the Authority may consider necessary to the discharge of its functions under this Act. Section 67(3) Reports made under this section shall be published and publicized in at least two daily newspapers of national circulation. - 68 Verify source ↗
MISCELLANEOUS PROVISIONS - 68. Code of conduct
AI-assisted research summary: The Cabinet Secretary may amend the private security providers' code after consulting the Authority; the code is legally binding on private security service providers and on persons using their own employees for protection; the Cabinet Secretary must publish the code in the Gazette with a notice inviting representations for a period not less than four weeks.
Section 68. Code of conduct Section 68(1) The Cabinet Secretary may after consultation with the Authority, amend the code of conduct for private security service providers set out in the Second Schedule. Section 68(2) Without prejudice to the generality of subsection (1), the code of conduct shall contain sufficient procedures and rules of evidence for its enforcement. Section 68(3) The code of conduct shall be legally binding on all private security service providers, to the extent provided for in this Act, on every person using his or her own employees to protect or safeguard his or her own property or other interests, or persons or property on his or her premises or under his or her control. Section 68(4)(a) a trustworthy and professional private security service industry which acts in terms of the law applicable to the members of the industry; Section 68(4)(a)(i) a trustworthy and professional private security service industry which acts in terms of the law applicable to the members of the industry; Section 68(4)(a)(ii) compliance by private security service providers with a set of minimum standards of conduct which is necessary to realize the objects of the Authority; and Section 68(4)(a)(iii) compliance by private security service providers with their obligations towards the State, the Authority, consumers of private security services, the public and the private security industry in general; and Section 68(4)(b) to ensure the payment of minimum wages and compliance with standards aimed at preventing exploitation or abuse of employees in the private security industry, including employees used to protect or safeguard merely the employer's own property or other interests, or persons or property on the premises of, or under the control of the employer. Section 68(5)(a) the objects of the Authority; and Section 68(5)(b) the different categories or classes of private security service providers, different types of security services and any other factor meriting differentiation not amounting to unfair discrimination. Section 68(6) The code of conduct may provide for different penalties in respect of different categories or classes of private security service providers or other persons who employ a private security officer. Section 68(7) The code of conduct drawn up in terms of subsection (1) must first be published by the Cabinet Secretary in the Gazette with a notice indicating that the Cabinet Secretary intends to issue such a code and inviting interested persons to submit to the Cabinet Secretary within a stated period, but not less than four weeks from the date of publication of the notice, any objections to or representations. - 69 Verify source ↗
MISCELLANEOUS PROVISIONS - 69. Offences
AI-assisted research summary: Section 69 lists actions that constitute offences under the Act, including operating without a licence, employing unregistered guards, false declarations, false representation of holding a licence, hiring unlicensed firms or guards, failing to comply with the Act or regulations, failing to return registration certificates, false representation on registration certificates, and improper disclosure of sensitive employment-acquired information.
Section 69. Offences Section 69(1)(a) operates as a private security organization without being the holder of a valid licence under this Act for that purpose; Section 69(1)(b) employs as an armed or unarmed security guard or any person who is not registered as such under this Act; Section 69(1)(c) knowingly makes any false declaration or statement of a material nature in any application made under this Act; Section 69(1)(d) falsely represents himself or herself to be the holder of a valid licence or registration certificate issued under this Act; Section 69(1)(e) knowingly hires, employs or otherwise engages the services of any unlicensed private security firm or unregistered private security guard; or Section 69(1)(f) otherwise fails to comply with the provisions of this Act or any regulations made hereunder or the code of conduct, Section 69(2)(a) fails to return a registration certificate to the Authority when required so to do; Section 69(2)(b) falsely represents himself or herself to be the person named in a registration certificate issued under this Act; or Section 69(2)(c) divulges to any person (other than his employer or some other person as directed by his employer or as required by law) any information acquired in the course of his employment which could compromise or endanger the security of any premises owned or occupied by or under the control any person who is doing business or has done business with the employer of the private security guard, - 70 Verify source ↗
MISCELLANEOUS PROVISIONS - 70. Regulations
AI-assisted research summary: The Cabinet Secretary, in consultation with the Authority, may make regulations to properly administer and give effect to the Act.
Section 70. Regulations Section 70(1) The Cabinet Secretary in consultation with the Authority may make regulations for the purpose of the proper administration of and giving effect to this Act. Section 70(2)(a) the various forms to be used under this Act; Section 70(2)(b) the procedure for applications for the grant or renewal of licences and registration certificates and any appeals under this Act; Section 70(2)(c) the employment of personnel by registered private security firms; Section 70(2)(d) the provision of uniforms and equipment to employees of private security firms; Section 70(2)(e) the provision of protective gear and tools; Section 70(2)(f) guidelines for registered private security providers; or Section 70(2)(g) membership of private security service providers to corporate bodies.
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