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PRIVATE SECURITY REGULATION ACT

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LAWS OF KENYAPRIVATE SECURITY REGULATION ACTNO. 13 OF 2016Published by the National Council for Law Reportingwith the Authority of the Attorney-Generalwww.kenyalaw.org

Private Security RegulationNo. 13 of 2016NO. 13 OF 2016PRIVATE SECURITY REGULATION ACTARRANGEMENT OF SECTIONSPART I – PRELIMINARYSection1.2.3.4.5.6.Short title.Interpretation.Object of the Act.Application of the Act.Guiding principles.Mandatory registration.PART II – ESTABLISHMENT AND COMPOSITION OF THE tablishment of Authority.Access to services.Functions of the Authority.Powers of the Authority.The Board of the AuthorityAllowances of the Board.Term of the Chairperson and Board members.Committees of the Board.Delegation by the Board.Meetings of the Board.Powers of the Cabinet Secretary.Director.Staff of the Authority.Terms and conditions of service.PART III – REGISTRATION OF INDIVIDUALPRIVATE SECURITY SERVICES PROVIDER21.22.23.24.25.26.27.Registration of individual private security service provider.Interpretation.Requirement for Registration.Issuance of a certificate of registration.Registration terms and conditions.Renewal of registration.Compliance with the code of conduct.PART IV – REGISTRATION OF PRIVATE SECURITY SERVICES FIRMS28.29.30.31.32.Mandatory registration.Requirements for licensing.Approval or decline to issue a licence.Licence.Cancellation of a licence.P30A - 3[Issue 3]

No. 13 of 2016Private Security Regulation33.34.35.36.Registration of officers in a firm.Issuance of a licence or certificate.Duties of a licensee.Particulars of employment.37.38.39.40.41.42.43.44.Additional requirements for registration.Inspection for registration compliance.Ineligibility for registration.Authority Register.Registered person to keep register.Access to information.Appeals to the Cabinet Secretary.Appeals to courts.45.Duty to cooperate.PART V – GENERAL PROVISIONS ON REGISTRATIONPART VI – COOPERATION WITH NATIONAL SECURITY ORGANSPART VII – GENERAL POWERS OFPRIVATE SECURITY SERVICE PROVIDERS46.47.48.49.50.Power to arrest.Power to search.Power to record and temporary withhold identification documents.Right to report a violation of the law.Powers excludes police powers.PART VIII – EQUIPMENT AND OTHER TOOLS OFTRADE FOR PRIVATE SECURITY PROVIDERS51.52.53.Equipment.Use of animals for security purposes.Use of firearms.PART IX – INQUIRY INTO CONDUCT OFPRIVATE SECURITY SERVICES PROVIDERS54.55.56.57.58.59.Inspection of books, documents etc.Conduct of inquiry.Appointment of inspector.Code of conduct of inspectors.Inspection of private security service providers.Powers of inspectors relating to security service providers.PART X – PRIVATE SECURITY FIDELITY FUND60.61.62.Private Security fidelity levy.Private Security Fidelity Fund.Fund subject to the Public Finance Management Act.PART XI – FINANCIAL PROVISIONS63.64.65.66.Funds of the Authority.Financial year.Annual estimates.Accounts and audit.[Issue 3]P30A - 4

Private Security RegulationNo. 13 of 2016PART XII – MISCELLANEOUS PROVISIONS67.68.69.70.Annual reports.Code of conduct.Offences.Regulations.FIRST SCHEDULE —PROVISIONS RELATING TO THE CONDUCTOF THE BUSINESS AND AFFAIRS OF THEBOARDSECOND SCHEDULE —CODE OF CONDUCT FOR PRIVATE SECURITYSERVICES PROVIDERSP30A - 5[Issue 3]

Private Security RegulationNo. 13 of 2016NO. 13 OF 2016PRIVATE SECURITY REGULATION ACT[Date of assent: 18th May, 2016.][Date of commencement: 3rd June, 2016.]AN ACT of Parliament to provide for the regulation of the private securityindustry, to provide for a framework for cooperation with National SecurityOrgans; and for connected purposesPART I — PRELIMINARY1. Short titleThis Act may be cited as the Private Security Regulation Act, 2016.2. InterpretationIn this Act, unless the context otherwise requires—“Authority” means the Private Security Regulatory Authority" establishedby section 7(1);"Board” means the Board of the Authority established by section 11;"Cabinet Secretary” means the Cabinet Secretary responsible for mattersrelating to internal security;"firearm” has the meaning assigned to it under the Firearms Act (Cap. 114);“foreign power” means a foreign government, foreign organization oran entity that is directed or controlled by a foreign government or foreignorganization;“Director” means the director of the Board appointed in accordance withsection 18;"member of a disciplined services” includes a member of the—(a) National Police Service;(b) Kenya Defence Forces;(c) National Intelligence Service;(d) Kenya Forest Service;(e) Kenya Wildlife Service;(f) Prisons Department; and(g) any other Service established under an Act of Parliament thatoffers security or quasi-security related services;“misconduct” means any action, failure or refusal to act, which may notnecessarily constitute a contravention of the law but does not meet—(a) the requirements of the code of conduct referred to under section27;(b) the values set out under Article 10 of the Constitution; or(c) applicable norms and standards provided for in internationalinstruments applicable to Kenya;P30A - 7[Issue 3]

No. 13 of 2016Private Security Regulation“National Security Organs” means the national security organsestablished under Article 239 of the Constitution;“private security service provider" means a person or body of persons,other than a state agency, registered under this Act to provide private securityservices to any person;“private security firms" means a body corporate, including a partnership,which provides private security services;“private security services" means any of the following services whetherperformed by an individual or firm—(a) installation of burglar alarms and other protective equipment;(b) private investigations and consultancy;(c) car tracking or surveillance;(d) close-circuit television;(e) provision of guard dog services;(f) security for cash in transit;(g) access control installation;(h) locksmiths; or(i) any other private security service as may determined from time totime by the Board by a notice in the Gazette;"security service” means or more of the following services or activities—(a) protecting or safeguarding a person or property in any manner;(b) giving advice on the protection or safeguarding of a person orproperty, on any other type of security service as defined in thissection, or on the use of security equipment;(c) providing a reactive or response service in connection with thesafeguarding of a person or property in any manner;(d) providing a service aimed at ensuring order and safety on thepremises used for sporting, recreational, entertainment or similarpurposes;(e) manufacturing, importing, distributing or advertising of monitoringdevices for interception and monitoring provided for under anywritten law;(f) performing the functions of a private investigator;(g) providing security training or instruction to a security serviceprovider or prospective security service provider;(h) installing, servicing or repairing security equipment;(i) monitoring signals or transmissions from electronic securityequipment;(j) performing the functions of a locksmith;(k) making a person or the services of a person available, whetherdirectly or indirectly, for the rendering of any service referred to inparagraphs (a) to (j) and (l), to another person;(l) managing, controlling or supervising the rendering of any of theservices referred to in paragraphs (a) to (j);(m) creating the impression, in any manner, that one or more of theservices in paragraphs (a) to (l) are rendered;[Issue 3]P30A - 8

Private Security RegulationNo. 13 of 2016“person” includes—(a) a natural person;(b) a partnership;(c) a business trust;(d) a foundation;(e) any company incorporated or registered in terms of any law; and(f) any other body of persons corporate or unincorporated;“private security services industry” means the people and activitiesinvolved in the provision of private security services;"property” means any movable, immovable or intellectual property, or anyright to such property;“security equipment” means—(a) an alarm system;(b) a safe, vault or secured container;(c) a satellite tracking device, closed circuit television or otherelectronic monitoring device or surveillance equipment;(d) a device used for intrusion detection, access control, bombdetection, fire detection, metal detection, x-ray inspection or forsecuring telephone communications;(e) a specialised device used to open, close or engage lockingmechanisms; or(f) a specialised device used to reproduce or duplicate keys orother objects which are used to unlock, close or engage lockingmechanisms;“private security officer” means a person who is authorized and registeredunder this Act to offer private security services at a fee;“security guard” means a person employed as such by a contract securityorganization or proprietary security organization; and“register”, with regard to a security service provider, means entering thename of a security service provider in the register contemplated in this Act.3. Object of the ActThe Object of the Act is to—(a) provide for a framework of regulation of the private security servicesindustry in accordance with the values and principles set out in theConstitution;(b) provide for a framework for the regulation of foreign ownership andcontrol of a business operating as a security service provider;(c) regulate private security services registered in Kenya renderedoutside the Republic; and(d) provide for a framework for cooperation between the private securityservices industry and the state agencies that deal with security.P30A -9[Issue 3]

No. 13 of 2016Private Security Regulation4. Application of the ActThis Act shall apply to—(a) private security officers;(b) security guards;(c) private security service providers;(d) private security firms; and(e) private investigators.5. Guiding principlesAll persons subject to this Act shall at all times—(a) respect, uphold and defend the values and principles enshrined in theConstitution; and(b) uphold and respect Article 238 (1) and 238 (2) (a) and (b) of theConstitution; and(c) recognize and respect the role of national security organs underChapter Fourteen of the Constitution and any written law.6. Mandatory registrationAny person or firm offering private security services shall be registered by theAuthority in accordance with this Act.PART II — ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY7. Establishment of Authority(1) There is established an Authority to be known as the Private SecurityRegulatory Authority.(2) The Authority shall be a body corporate with perpetual succession and acommon seal, and shall in its corporate name be capable of—(a) suing and being sued;(b) acquiring, holding and disposing of movable and immovable property;and(c) doing or performing all such other things or acts as may be lawfullydone by a body corporate.8. Access to services(1) The Headquarters of the Authority shall be in Nairobi.(2) The Authority shall ensure reasonable access of its services in all parts ofthe Republic, so far as it is appropriate to do so, having regard to the nature ofthe service.9. Functions of the AuthorityThe Functions of the Authority shall be to—(a) ensure the effective administration, supervision, regulation andcontrol of the private security services industry in Kenya;(b) formulate and enforce standards for the conduct of the private securityservices industry in Kenya;(c) register and license all persons involved in or conducting privatesecurity services in Kenya;[Issue 3]P30A - 10

Private Security RegulationNo. 13 of 2016(d)maintain a data bank of the operations, conduct and employmenthistory of persons registered and licensed under this Act;(e) promote the development of the private security services industry;(f) advise the Cabinet Secretary on the national policy on any matteraffecting the private security industry;(g) ensure that private security service providers act in the public andnational interest when rendering their services;(h) determine, prescribe and enforce minimum standards of occupationalconduct in respect of the private security services industry;(i) encourage and promote efficiency and responsibility in the renderingof private security services;(j) set standards and accredit institutions offering training of securityservice providers and prospective security service providers to ensurea high quality of training and in particular with regard to—(i) the accreditation and withdrawal of the accreditation of personsand institutions providing security training;(ii) the monitoring and auditing of the quality of training functionsperformed by accredited persons;(iii) the participation in the activities of other bodies or personsentitled by law to set standards in respect of training of privatesecurity service providers or bodies entitled to formulate,implement or monitor skills development plans for the privatesecurity services industry;(iv) the appointment of persons to monitor and assessachievements or outcomes in respect of standards applicableto training;(v) the determination and accreditation of qualifications required bysecurity service providers to perform particular types of securityservices; and(vi) the taking of reasonable steps to verify the authenticity oftraining certificates presented by persons for the purposes ofthis Act;(k) set standards to encourage equal opportunity employment practicesin the private security services industry;(l) promote the protection and enforcement of the rights of securityguards, private security officers and other employees in the privatesecurity services industry;(m) develop and maintain a computerized data base with informationrequired for the proper performance of its functions;(n) cooperate with any person or body in the performance of an act whichthe Authority by law is permitted to perform;(o) provide information to the users, prospective users or representativesof users of security services regarding the compliance of privatesecurity service providers with the provisions of this Act;(p) provide or disseminate information promoting and encouragingcompliance with this Act and the code of conduct by private securityservice providers;P30A - 11[Issue 3]

No. 13 of 2016(q)(r)Private Security Regulationprovide and set standards that ensure compliance with the minimumwage regulations; andprotect the interests of the users of private security services by offeringthe users avenues to seek redress where there are violations of thelaw.10. Powers of the AuthorityIn the exercise of its functions, the Authority has power to—(a) establish relations with or enter into co-operation agreements withbodies or offices regulating the private security industry in othercountries, or bodies representing such regulators;(b) conduct, or cause to be conducted, hearings, investigations andinquiries with regard to any matter falling within the scope of itsfunctions; and(c) generally perform any act that contributes to the attainment of itsobjects.11. The Board of the Authority(1) The Authority shall be governed by a Board consisting of—(a) a chairperson appointed by the President;(b) the following members appointed by the Cabinet Secretary—(i) the Principal Secretary responsible for matters relating tointernal security;(ii) the Principal Secretary responsible for matters relating tofinance;(iii) the Principal Secretary responsible for matters relating tolabour;(iv) a representative of the National Police Service;(v) a representative of the National Intelligence Service;(vi) two members of registered associations representingemployee organizations elected in accordance with regulationsprescribed by the Cabinet Secretary;(vii) two members of registered associations representing privatesecurity firms elected in accordance with regulations prescribedby the Cabinet Secretary;(viii) one member nominated by registered residents associations torepresent the interests of residents; and(ix) one member nominated by the Kenya Private Sector Alliance.(2) The Cabinet Secretary shall make Regulations generally to provide for theprocedure for the appointment of members of the Board and in particular—(a) to regulate the appointment of the representatives under subsection(1) (b) (vi) and (vii);(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 smalland large scale firms and associations;[Issue 3]P30A - 12

Private Security Regulation(c)No. 13 of 2016ensure that the Board respects and upholds the principles andrequirements under Article 232 (1) and 27 of the Constitution.(3) person shall be qualified for appointment as the chairperson of the Boardif that person—(a) is a citizen of Kenya;(b) meets the requirements of Chapter Six of the Constitution has servedthe public with distinction; and(c) has at least fifteen years' experience in security matters.12. Allowances of the BoardThe Chairperson and members of the Board shall be paid such allowancesas the Cabinet Secretary in consultation with the Salaries and RemunerationCommission shall determine.13. Term of Board membersThe Chairperson and members of the Board shall serve the Authority for aperiod of three years and shall be eligible for reappointment for one further term.14. Committees of the Board(1) The Board may establish such committees as may be necessary for theproper discharge of its functions under this Act or any other written law.(2) The Board may co-opt into the membership of the committees establishedunder subsection (1) any person whose knowledge and expertise may be required.15. Delegation by the Board(1) The Authority may, by resolution generally of the Board or in any particularcase, delegate in writing, to a committee or any officer, member of staff or agent ofthe Authority, the exercise of any of the powers or the performance of any of thefunctions or duties of the Authority under this Act.(2) A delegation under subsection (1) shall not prevent the Authority fromexercising the power in question.(3) A delegation under this section—(a) shall be subject to any conditions as the Board may impose;(b) shall not divest the Authority of the responsibility concerning theexercise of the powers or the performance of the duty delegated; and(c) may be withdrawn, and any decision made by the person to whom thedelegation is made may be withdrawn or varied by the Authority.16. Meetings of the BoardThe conduct of the business and affairs of the Board shall be as set out in theFirst Schedule.17. Powers of the Cabinet Secretary(1) The Authority shall operate under the supervision of the Cabinet Secretary.(2) Where the Authority fails to maintain any prescribed standard in thefulfilment of its functions under this Act, the Cabinet Secretary may give generalor special directions to the Authority describing the extent of the failure and statingthe steps required to remedy the situation.P30A - 13[Issue 3]

No. 13 of 2016Private Security Regulation18. Director(1) The Board, in consultation with the Cabinet Secretary, shall competitivelyappoint a Director of the Authority who shall be the Chief Executive Officer andSecretary to the Board.(2) A person is qualified for appointment as the Director to the Authority if thatperson—(a) holds a degree from a university recognized in Kenya in any of thefollowing disciplines—(i) public administration and management;(ii) law;(iii) business administration; or(iv) security studies;(b) meets the requirements of Chapter Six of the Constitution; and(c) has at least ten years experience, five of which shall be experienceat senior management level.(3) The Director shall serve the Authority for a term of three years andshall be eligible, subject to satisfactory performance of his or her functions, forreappointment for one further term.(4) A person shall not be appointed as the Director or an officer of the

under this Act to offer private security services at a fee; “security guard” means a person employed as such by a contract security organization or proprietary security organization; and “register”, with regard to a security service provider, means entering the name of a security service provider in the register contemplated in this Act. 3.