By Correspondent
The High Court has stopped the government from holding planned public participation forums on draft regulations governing the private security sector after a security guard challenged the short notice issued for the meetings.
In a ruling delivered on Thursday, Lady Justice Roselyn Aburili certified as urgent a case filed by Security Academy, an ex-parte applicant, and allowed the guard to commence judicial review proceedings.
The challenge targets a public notice issued on November 18, 2025, by the Ministry of Interior and the Private Security Regulatory Authority (PSRA), announcing public participation forums scheduled for November 21 and 24 across several counties.
The applicant argued that the two-day notice was unreasonably short and violated constitutional requirements for meaningful public participation.
He said stakeholders in the private security sector—comprising thousands of guards, trainers, employers, and unions—would be denied adequate opportunity to engage with the draft regulations.
“I am satisfied that the application is urgent,” Justice Aburili said. “If this Court declines the stay sought, these proceedings will be rendered nugatory should the substantive motion succeed, since the process which is impugned would have been completed.”
Without delving into the merits of the case, the judge found that the application raised “an arguable case” that was neither frivolous nor hopeless. She granted the applicant leave to proceed with the judicial review motion challenging the notice and the conduct of the public participation exercise.
The judge further ordered that the leave granted will operate as a stay of the implementation of the November 18 notice.
The effect of the order is that the Interior Ministry, PSRA, the National Assembly, the National Treasury, and the Attorney-General—listed as respondents—cannot proceed with the scheduled forums in Garissa, Machakos, Kisumu, Kakamega, Mombasa, Nyeri, and Nairobi until the case is heard and determined.
The Kenya National Private Security Workers Union and the Law Society of Kenya are listed as interested parties.
The applicant is seeking, among other orders, the quashing of the notice, a declaration that it violated Articles 10 and 27 of the Constitution, and an order barring the respondents from issuing or conducting further public participation on the draft regulations without proper compliance with constitutional standards.
Justice Aburili directed that the substantive motion be filed and served within five days in a new file. After issuing the stay and directions, the court marked the miscellaneous file as closed.
The disputed regulations include the Draft Private Security (General) Regulations 2025, the Draft Regulations on Appointment of Board Members, and the Draft Regulations on Use of Animals in Private Security Services.
The new regulations stipulate that individual and corporate private security providers must register with the PSRA and obtain valid licences.
Applications require proof of identity, compliance with tax obligations, insurance coverage—including WIBA and public liability—police clearance certificates, audited financial accounts, and a full inventory of uniforms, equipment, and vehicles. Registrants are required to pay prescribed registration and annual fees, with penalties for late renewal.
Employment and training standards are rigorously defined. Private security firms must vet employees, verify their training and employment history, and ensure all personnel undergo mandatory annual security training.
Officers are required to wear legibly marked nameplates and uniforms that comply with specifications, including distinctive badges, headgear, and heavy-duty belts. Firms must also provide necessary safety gear such as reflective vests, torches, and defence equipment.
