Licensing A Private Security Company In Kenya

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On Monday, 09 December 2019, the private security and Regulator Authority issued a statement on vetting and licensing of a private security company (service providers).

According to the issued statement, the vetting and licensing of a private security company (service providers) had begun. The vetting and licensing were pursuant to sections 28 and 29 of the Private Security Regulations Act No. 13 of 2016.

Legal Mandate

Section 28 of the Private Security Regulatory Authority Act requires that no person (or security company) shall engage in the provision of private security services or offer private security services unless that person is licensed by Private Security Regulatory Authority.

Mandatory registration
A person shall not engage in the provision of private security services or offer private security services in Kenya at a fee unless that person is licensed by the Authority in accordance with this Act.
– Section 28, PRIVATE SECURITY REGULATIONS ACT

Subsequently, section (29) part (d), of the act further requires security vetting as a prerequisite for registration of a corporate private security company (service providers).

(d) has been security-vetted and nothing adverse has been established.
– Section 29 (d), PRIVATE SECURITY REGULATIONS ACT

Requirements for licensing a Security Company

Company certificate of incorporation or formal registration documents;
Certified copies of identification documents (certified copies of passport in case of a foreign national) for every director, partner, trustee, and shareholder;
A valid certificate of good conduct for every director, partner, trustee, and shareholder;
Certified shareholders certificate CR12;
Copy of KRA pin Certificate for the company and all directors, partners, trustees, and shareholders;
Three years of audited accounts of the firm;
Two recent colored passport-size photos of every director, partner, trustee, and shareholder;
Immigration status and a valid work permit in case of an expatriate;
The physical address, email address, and telephone number of every director, partner, trustee, and shareholder;
Names, addresses, email addresses, and telephone numbers of persons performing executive functions in respect of the security firms.

Eligibility

According to the act, a person shall be eligible for registration as a private security service Provider if that person/applicant/company meets the following conditions:

is a company incorporated and established in Kenya;
if a foreign company is registered whether as a limited liability company or a partnership in accordance with the laws of Kenya and has at least twenty-five percent local shareholding;
has persons performing executive or management functions in respect of the security business who are registered as private security service providers under this Act; and
Has been security-vetted and nothing adverse has been established.

Approval or Decline to issue a licence to a Security Company

The Private Security Regulatory Authority shall consider applications for a licence received and shall issue a licence if the applicants meet all the requirements.

READ: How to register a private Security Company in Kenya.

How To Register A Private Security Company In Kenya

Reasons for declining to issue a license

The Private Security Regulatory Authority shall refuse to grant a licence for the following reasons, if:

A resolution has been passed or an order has been made by a court of competent jurisdiction for its winding up;
A receiver has been appointed for any of its property;
Any of its directors have been convicted of an offense and sentenced to imprisonment for a period exceeding six months;
The applicant has been convicted, during the period of ten years immediately preceding the application, of an offense and fined in accordance with the Private Security Regulations Act or any other written law;
It considers that it is not in the national interest to grant a license.

Where the PSRA refuses to grant a licence on any of the above grounds, it shall state the reasons therefor and inform the applicant of the right of appeal conferred by the Private Security Regulations Act or any other written law.

Licence of a Security Company

A licence granted by the Authority under section 30 of the Act:

(a) Shall remain in force for such period as may be specified therein not exceeding five years, subject to annual renewal; and

(b) May be granted subject to such restrictions and on such conditions as may be specified in the licence.

Cancellation of a licence of a Security Company

The PSRA shall cancel a licence granted where it is satisfied that:

The licensee has had an order in bankruptcy made against him or her which remains undischarged;
The licensee knowingly and wilfully gave false information of a material nature in connection with its application for the grant or renewal of its licence;
The condition upon which the licence was originally granted or renewed can no longer be fulfilled by the licensee; or
The licensee is convicted of any offence under this Act or any offence and sentenced to a fine exceeding five hundred thousand shillings.

Where the Authority cancels a licence, it shall notify the licensee (Security Company) in writing of such cancellation, stating the reasons therefor, and of the right of appeal conferred by the Private Security Regulations Act or any other written law.

Are you ready for licensing process? All the best.