Private Security Regulation Act

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.

Any person or firm offering private security services must be registered by the Authority.

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 11 sets out the composition of the Board of the Authority, listing specific members and subsections addressing appointment regulation, representation principles, and membership qualifications.

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.

The Chairperson and Board members serve the Authority for three years and are eligible for one further term of reappointment.

The Board may establish committees and may co-opt persons with required knowledge and expertise into those committees.

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officers, staff or agents; such delegations do not prevent the Authority from exercising the powers and may be withdrawn or vary decisions by the Authority.

The Board must conduct its business and affairs as set out in the First Schedule.

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.

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.

The Board must competitively appoint suitably qualified staff as needed for the Authority to perform its functions.

The Board may determine terms and conditions of service in consultation with the Public Service Commission.

Establishes an Authority called the Private Security Regulatory Authority.

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.

The Authority must ensure effective administration, supervision, regulation and control of the private security services industry in Kenya.

A person must not provide or offer private security services in Kenya for a fee unless registered by the Authority under this Act.

Defines "a security guard".

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.

The Authority shall issue a certificate of registration to all successful applicants as evidence of registration.

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.

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.

An individual private security service provider must at all times comply with the code of conduct in the Second Schedule.

A person must not provide or offer private security services in Kenya for a fee unless licensed by the Authority under this Act.

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.

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.

The Licence Section remains in force for a period not exceeding five years, subject to annual renewal.

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.

Private security firms must not employ unregistered security personnel; persons employed in such firms and licence-holders must apply to the Authority for registration.

The Authority must issue a licence or certificate of registration in the prescribed form within fourteen days from the date of registration.

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;"

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 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.

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 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.

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.

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 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.

Additional requirements for registration apply to the applicant if the applicant is a natural person.

The Authority may order inspections to check whether an applicant meets the registration requirements of the Act.

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.

The register must be open to inspection by any person at all reasonable times; the Authority may determine other information to include.

Private security providers must keep a register of all persons they employ for providing security.

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.

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.

A person aggrieved by a decision of the Authority or the Cabinet Secretary under this Act may appeal to any court of competent jurisdiction.

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.

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.

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.

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.

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.

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.

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.

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.

Private security service providers must not use or allow the use of firearms when providing security services.

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.

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.

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 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.

The Authority's financial year is the twelve-month period ending on 30 June each year.

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.

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).

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.

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 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.

The Cabinet Secretary, in consultation with the Authority, may make regulations to properly administer and give effect to the Act.