Private Security Regulation Act

Section 1. Short title Section This Act may be cited as the Private Security Regulation Act.

Section 2. Interpretation Section National Police Service;

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;

Section 4. Application of the Act Section private security officers;

Section 5. Guiding principles Section respect, uphold and defend the values and principles enshrined in the Constitution; and

Section 6. Mandatory registration Section Any person or firm offering private security services shall be registered by the Authority in accordance with this Act.

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.

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.

Section 9. Functions of the Authority Section ensure the effective administration, supervision, regulation and control of the private security services industry in Kenya;

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;

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 t...

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.

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.

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.

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.

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.

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.

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 t...

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.

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

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.

Section 22. Interpretation Section a security guard;

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.

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.

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;

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 b...

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.

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.

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.

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.

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

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.

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.

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.

Section 35. Duties of a licensee Section any dismissal, resignation or retirement of any director or partner in the organization or firm;

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.

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.

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...

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.

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.

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.

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

Section 37. Additional requirements for registration Section of the applicant, if the applicant is a natural person;

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.

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.

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.

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.

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.

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).

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.