This article seeks to shed light on some of the key areas mentions within the PSR Act of 2016; The Act throw which the Private Security Regulatory Authority attains its framework, as well as discharge its commissioned duties to the public, and Private Security Sector.
Private Security Regulation Act No. 13 of 2016 is the statute that regulates the private security services industry. The process of enactment of the Act benefited from rich and varied insights from industry stakeholders. Perhaps, this explains why the Act penetrates numerous aspects of the privates security services industry ranging from private investigation, car tracking, security for cash transit, access control installation et al.
a) Provide for a framework of regulation of the private security services industry in accordance with the values and principles set out in the Constitution of Kenya, 2010.
b) Provide for a framework for the regulation of the foreign ownership and control of a business operating as a security service provider;
c) Regulate private security services registered in Kenya rendered outside the Republic; and
d) Provide for a framework for cooperation between the private security services industry and the state agencies that deal with security.
- Section 2 of the Act contains a robust definition of what constitutes security services. In so doing the Act has adopted a listing approach as outlined below:-
a. Protecting or safeguarding a person or property in any manner;
b. Giving advice on the protection or safeguarding of a person or property, on any other type of security service as defined in this section, or on the use of security equipment;
c. Providing a reactive or response service in connection with the safeguarding of a person or property in any manner;
d. Providing a service aimed at ensuring order and safety on the premises used for sporting, recreational, entertainment or similar purposes;
e. Manufacturing, importing, distributing or advertising of monitoring devices for interception and monitoring provided for under any written law;
f. Performing the functions of a private investigator;
g. Providing security training or instruction to a security service provider or prospective security service provider;
h. Installing, servicing or repairing security equipment;
i. Monitoring signals or transmissions from electronic security equipment;
j. Performing the functions of a locksmith;
k. Making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in paragraphs (a) to (j) and (l), to another person;
l. Managing, controlling or supervising the rendering of any of the services referred to in paragraphs
m. Creating the impression, in any manner, that one or more of the services in paragraphs (a) to (l) are rendered;
2. Any person, whether natural or corporate, engaged in the provision of private security services MUST be licensed by the Private Security Regulatory Authority, upon satisfying the requirements for licensing as codified under sections 23 and 29 of the Act respectively.
3. Under section 39, a person shall not be registered to provide private security services if that person is in the permanent employment of the disciplined services; has been convicted by a competent court of an offence involving violence, theft or fraud; is an undischarged bankrupt; is found to be associating with any organization which is prohibited under the law; being a public officer, is dismissed from services on grounds of misconduct or moral turpitude; is an agent of foreign power; or is or has engaged in acts prejudicial to the national security and interest of Kenya.
4. The Authority, placing reliance on section 55, 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 the Act or Code of Conduct on the part of any registered private security service provider, institute an inquiry into the conduct of such a provider and may after inquiring into the alleged misconduct take such action as it may consider appropriate.
5. The second schedule of the Act contains a code of conduct that ALL private security services providers must adhere to. The code addresses pertinent issues in the private security industry such as training for employees; standard operating procedures for private security services providers; cooperation with national law enforcement agencies; and human rights.
6. Further, the Act equally creates offenses under section 69 for any failure by private security services providers to comply with the provisions of the Act, code of conduct or any regulations made thereunder.