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{
    "id": 1460565,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1460565/?format=api",
    "text_counter": 117,
    "type": "speech",
    "speaker_name": "Narok West, UDA",
    "speaker_title": "Hon. Gabriel Tongoyo",
    "speaker": null,
    "content": " Thank you, Hon. Speaker. As you had already said, this is a response to the Hon. Member from Kathiani Constituency regarding the issue of the national security regulatory authority. The Honourable Member had sought responses to six issues. For the record, one, the Member wanted to know the constitutionality of the legal notice issued by the security regulatory authority on 20th June 2024 relating to the minimum wage. Number two, is the step that will be taken to revoke the legal notice if illegality issues are found, and the measures put in place to ensure the entity comply with the relevant laws while executing the same directives. Third, the details of the process leading to the determination of the minimum wage. Fourth is whether the power and the function of the private security regulatory authority under section nine of Act 2016 also includes setting the minimum wage and whether the power vested in the authority under section 32 contemplates non-compliance with the minimum wage as a ground for cancelation of certificate of registration of security firms. And, of course, the reason for the failure of the authority to resubmit revised regulations as envisaged under the Security Regulatory Authority Act 2016. Hon. Speaker, I want to respond as follows: One, on 10th June 2024, the Security Regulatory Authority issued a public notice published as legal notice Number. PSRA002/2024, directing all private security service provider prospective users and their representatives to submit a legal commitment to comply with a set minimum wage for private security guards. The same legal notice has been a subject of court cases, namely, the Nairobi ELRCGRE043/2023 Protective Association of Kenya for the Private Security Regulatory Authority and Fazul Mohammed and three others, and Nairobi ELRC Petition No. E011 2024 John Kipkorir and Private Security Regulatory Authority and four others The principle of s ub judice mitigates commenting on the issues at hand. It states that what the authority issued as a notice was not supposed to be strictly interpreted as a legal notice, but as an administrative action to guide industry players. This was an ordinary public notice intended to be acted upon by the affecting parties. The form of the impingent notice should not be interpreted to negate its intention, which was clear to all parties concerned. Hon. Speaker, should the court find the notice illegal, it will automatically lose its validity, thus rendering it null and void. No further action from the Cabinet Secretary for Interior and National Administration will be needed. On question three, under the Labour Institution Act, 2007, councils are responsible for recommending to the Cabinet Secretary for Labour the minimum wage payable to workers under the conditions of employment, which cancels free patent bodies comprising workers, employers, and independent experts. The National Labour Board is entrusted with advising the Cabinet Secretary for Labour and Social Services on the appointment of the wage council. Once the wage councils recommend the minimum wage and the condition of employment, the CS may approve the same, after which a wage order is issued through the Kenya Gazette. The The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}