Proposed Law: Security guards will need no warrant to arrest or search you


• Private security service providers are required to cooperate with police officers in investigating offenses and providing evidence in court when necessary.

Private Security Regulatory Authority Director General Fazul Mohamed speaking during a meeting at the Kenya School of Government on February 22, 2024
Image: Handout

The government has released four draft regulations to tackle evolving security challenges and enhance accountability in private security firms.

These regulations will impose rigourous reporting and compliance standards, compelling private security firms to operate with increased transparency, providing clients and the public with better insights into their practices.

The four draft regulations, namely The Private Security (Fidelity Fund Operations) Regulations, 2024; The Private Security (Procedure for the Appointment of Members of the Board) Regulations, 2024; The Private Security (Fidelity Fund Operations) Regulations, 2024; and the Private Security (General) Regulations, 2024, will undergo a public participation process.

Private security providers, employers, employees, consumers, and the general public are invited to submit their views, proposals, and memoranda on the draft regulations to the office of the Cabinet Secretary for Interior by March 12, 2024.

The regulations also include provisions ensuring the well-being of animals, such as dogs and horses, used by security firms.

These animals must be kept healthy, adequately nourished, and free from suffering unpleasant states like pain, fear, or distress.

Once enacted, these draft regulations will reshape the operations of security firms, stressing transparency and incorporating social and ethical considerations beyond operational efficiency.

The Private Security Regulatory Authority (PSRA) states that the regulations will empower the private security industry to fulfill its role as a guardian of safety and security, fostering trust and collaboration for the benefit of society.

The regulations also grant security guards the power to arrest and search individuals without a warrant but strictly within a police lock-up facility.

Private security service providers are required to cooperate with police officers in investigating offenses and providing evidence in court when necessary.

Regarding the appointment of Board members, the draft regulations allow private security firms or service providers to form associations to regulate their affairs.

These associations must maintain a register of members, including personal details and admission dates.

Under Fidelity Fund Operations, funds will be used for administrative expenses, operational costs, training workshops, seminars, and ensuring full implementation of the Act.

The Board of Trustees, chaired by the CS Interior, will include members representing finance matters, the Director of the Board, and two individuals representing corporate and individual private security service providers.

The regulations set stringent conditions for the registration of private security service providers, requiring proof of identity, incorporation or registration documents, tax compliance, audited accounts, compliance with statutory deductions, insurance policies, training certificates, equipment lists, uniform samples, and animal care certifications where applicable.

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