LEGAL & REGULATORY FRAMEWORK FOR THE PRIVATE SECURITY INDUSTRY
This course is recommended for Directors and Senior Executives in a private security company. Its main objective is to assist persons in governance and executive functions understand the legal and regulatory framework for the industry to inform their decision making process in a new regulatory regime.
This course is Part 1 of the Legal & Regulatory framework for Kenya's private security regulation.
Kenya’s journey to private security regulation and compliance has been long and has quite a way to go. As early as 2003, discussions, stakeholder meetings, and lobbying led to draft bills and bills in parliament that lapsed before coming into law.
It is not until March 2016 that the Private Security Regulation Act was enacted that the industry finally came into regulation under one law and one body; the Private Security Regulatory Authority (PSRA).
Regulation is yet to be meaningfully realized with starts and stops along the way. The biggest stride after the enactment of the Act was the Gazzettement on July 1st, 2019 of the Private Security (General) Regulations 2019. Regulations are subsidiary legislation made by an authorized entity under the Act, often the cabinet secretary in charge that provides detailed rules and procedures for the implementation of certain sections of the Act. Later in November that year, Parliament annulled the Regulations for want of compliance with the laws that guide the procedure for coming up with subsidiary legislation.
The annulment by parliament meant that PSRA and the Cabinet Secretary of Interior and Coordination of National Security, the Cabinet secretary in charge under the Act, now had only the Act to rely on for regulation of the industry until other Regulations could be made and gazetted.
It should be noted that wide swathes of the Act, which are covered in this course, do not need Regulations for them to be implemented. These sections can be implemented as is today. In fact, should any issue arise in the industry at the moment, the Act will be the principal law to be applied. The regulator, PSRA, is also in place and has the power to act in the execution of its functions.
The process of implementation of the Act started way back in 2017 with the appointment of the first Board of Directors to the PSRA. Later in 2018, a CEO was appointed and the regulator is now in place with offices and staff to execute their functions under the law.
In December 2019 the Private Security Officer Level 1 Curriculum under which all private security officers are required to train under was launched. At the same time, corporate private security providers (companies) were required to hand in a set of documents to the PSRA by March 31st, 2020 for security vetting of the companies and their directors and top management.
The COVID 19 pandemic put breaks to the process, although background checks were possibly going on during lockdown. As of October 2020, the direction on implementation was yet to be defined and the process is expected to resume in earnest once COVID 19 restrictions are fully lifted.
Regulation simply refers to the act or process of controlling by the use of rules, standards, policies, laws, requirements, and regulations that allow or restrict certain things. Regulation is not just one law, but many guidelines, requirements, policies, and laws that state and non-state agencies use to regulate an industry.
This course is a look at the current regulatory environment in Kenya’s private security industry. It is a look at the major laws, policies, regulations, bodies, and directives currently in place controlling what private security industry players can do, are required to do, and what they can’t do.
The outcome for this training course is intended to instill course participants with knowledge and skillsets in the following areas:
- Introduction to Private Security regulation
- The Private Security Regulatory Authority
- Registration of Individual Private Security Providers
- Powers of Private security Officers
- Registration of Corporate Private Security Providers
- Training under Private Security Regulation
A detailed description of what a student must be able to do at the conclusion of the course.
- Describe the history of private security regulation and the purpose of regulation including all the major policies and laws that currently regulate the industry in Kenya up to the current regulatory environment.
- Identify the structure and the roles of the private security regulatory authority.
- Illustrate the process of registration for an individual private security provider.
- List the powers and limitations of a private security officer as provided for in the Private Security Regulation Act.
- Illustrate the process and list the requirements for the registration of a corporate private security provider.
- Describe the regulations around private security training
The Course has the following Modules
MODULE 1: INTRODUCTION TO PRIVATE SECURITY REGULATION
MODULE 2: THE PRIVATE SECURITY REGULATORY AUTHORITY
MODULE 3: REGISTRATION OF INDIVIDUAL PRIVATE SECURITY PROVIDERS
MODULE 4: POWERS OF PRIVATE SECURITY OFFICERS
MODULE 5: REGISTRATION OF CORPORATE PRIVATE SECURITY PROVIDERS
MODULE 6: TRAINING UNDER PRIVATE SECURITY REGULATION
This course is offered by Elite Academy in conjunction with ApexCPD as platform provider, all applicants for this course should meet the following criteria
- Read and understand the English language.
- Have basic computer use skills
- Involved in private security management or
- Private security compliance
COURSE EVALUATION & CERTIFICATION
Elite Safety & Security Academy requires minimum passing marks of 75% at the final multiple-choice exam.
There will be a quiz after every lesson which is a requirement to move to the next lesson and an assessment after every Module which is a requirement to move to the next Module.
These are for you to check your knowledge as you proceed with the course.
This course will be certified by the Trainer, Elite Academy, Accredited by Britannia Qualification & Award for Learning Outcomes, National Industrial Training Authority & the Private Security Regulatory Authority for regulatory compliance & Apex CPD as the platform provider.