Court Rules On Security Guards’ Minimum Wage

Court Rules On Security Guards’ Minimum Wage

Court Rules On Security Guards’ Minimum Wage

On Wednesday, an Eldoret High Court rendered a decision about the minimum salary that security guards in the nation are entitled to.The Association of North Rift Security Firms petitioned the Eldoret-based court to overturn a government regulation that established the minimum salary for security guards at Ksh30,000. The court granted their request, and the verdict followed.

But in today’s decision, the High Court maintained the government decree and rejected the security firm’s request.”Upon this matter coming up for adoption of consent before Hon. Justice Wananda Anundo on 16th January, 2024 in the presence of counsel for the applicant and the Respondent, and upon hearing the said counsel and considering the issues raised therein; it is hereby ordered by consent therein that the petitioner’s petition dated 30th November, 2023 and the Notice of Motion application of even date be marked as settled,” the judge wrote.

“This file is now marked as closed and each party shall bear its own cost,” the court added.In November last year the govt through a gazette notice published by the Private Security Regulatory Authority (PSRA) directed security firms to pay their guards a minimum of Sh30,000 in gross pay per month, in a bid to better their terms of service.

The minimal basic pay under the proposed wage threshold was established at Sh18,994, with additional amounts for a home allowance of Sh2,850, an overtime allowance of Sh8,157, and an overall total of Sh30,000.The National Social Security Fund (Sh1080), Social Health Insurance Fund (Sh825), salary As You Earn (Sh1,229), and Affordable Housing Levy (Sh450) were among the required deductions made after the proposed hike, bringing the net salary down to Sh26,415.

As per the government’s announcement, employers that disregard the minimum wage order risk a fine of Sh2 million, and in the event that the court finds it appropriate, they could face jail time in addition to the fine.The PSRA Director General hailed the court’s judgment, Fazul Mahamed, but also referred to it as a triumph for all security guards nationwide.

“The journey to a well remunerated private security guard is here and now!” Fazul took note. “Nothing now stops the implementation of the gazetted minimum wage of KES. 30,000/= for Private Security Guards,” he stated.

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