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"id": 1460566,
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"type": "speech",
"speaker_name": "Narok West, UDA",
"speaker_title": "Hon. Gabriel Tongoyo",
"speaker": null,
"content": "Authority did not determine the minimum wage for private security guards but interpreted the relevant wage order, which is the regulation of wages amendment order 2022, legal notice No. 125 of 1st July 2022, as issued by the CS for Labour and Social Services. The order came into effect on 1st May 2022, which was the basis for arriving at the contested figures. Regarding question number four, as per the above notice, the power and responsibility of setting the minimum wage is vested in the CS for Labour and Social Services upon the recommendation by the Wage Council. Under the said section, the Authority is mandated to provide and set a standard that ensures compliance with the minimum wage regulation. The authority acted in accordance with the section when it required the employers of private security guards to give a legal commitment that they would pay them the minimum wage as per the said wage order. In the process of setting a minimum wage, the Authority is a stakeholder and may make recommendations to the Wage Council. Those recommendations are to be considered alongside those of many other industry players. The Ministry of Interior and National Administration and the Salary and Remuneration Commissions have no roles to play in the determination of wages for private security guards. Their roles, if any, are limited to State public offices. Under section 32 of the Act, the Authority is mandated to prescribe conditions when issuing certificates of registration and the condition for compliance with the minimum wage. Should it be free, it will be grounds for cancellation of the certificate of registration. Lastly, the previous regulations - the Private Security Regulations, 2019 - were annulled by the National Assembly because no effective public participation was done. I hope Hon. Robert Mbui is listening. The Authority has developed new regulations that are currently undergoing public participation. This process has been hampered by lack of funds and, hence the delay in re-submitting them. In conclusion, the Authority did its best to interpret the said wage order. The commitment to pay minimum wage was within the law. The public notice should not be construed as a legal notice in the strict sense of the word."
}