On November 19, the National Assembly annulled the 2019 Private Security (General) Regulations on recommendations by the House Committee on Delegated Legislation. The rules were meant for proper administration of, and giving effect to, the provisions of the 2016 Private Security Regulation Act. The annulment has dealt a blow to the cause for regulation of the private security industry.
Understandably, the action was informed by submissions made by players expressing reservations, particularly on timelines to effect the rules, the inconsistency with the law, the Constitution and other statutes, dearth of training curricula, statutory fees and inadequate engagement in the formulation of the rules. However, the action seems to have missed the counter position advanced by the regulation-making authority, which included the willingness to negotiate the compliance period with stakeholders. Though none of the main players who appeared before the committee called for annulment of the regulations, few renegades in the industry are opposed to regulation.
Enactment of the 2016 Private Security Regulation Act was largely informed by concerns raised against some players who remain averse to upholding professionalism. Such must be the kind former South African President Thabo Mbeki had in mind when he observed that “the security industry cannot be handled simply as an affair of the private sector”.
A responsible state should be concerned with the operations of private security. It is regrettable that more than three years after the enactment of the enabling Act, the status quo in the industry remains. It would be far-fetched to expect them to provide independent oversight of their members. That is the void the annulled regulations were meant to fill.
Needless to say, national security stability is likely to be undermined by poorly administered and unprofessional private security providers.
It remains the responsibility of the State to formulate an elaborate and comprehensive framework for regulation with explicit and enforceable sanctions, and to provide requisite legitimacy and entrench respectability, professionalism and accountability in the industry.
As mentioned, there are actors in the industry opposed to statutory regulation, arguing that it would force many firms out of business. Some advance the ideology of free market while others argue that regulation would increase the cost of doing business.
That is self-defeating and counter-productive as they fail to acknowledge that the bottom line of the regulation is to promote operational consistency and raise standards.
Granted, some provisions of the annulled regulations were inconsistent with the enabling Act and other laws, and the set timelines for compliance impracticable to meet. The sooner action is taken to expeditiously rectify the anomalies the better. It shall be necessary to engage key players in the industry to cultivate their concurrence, but remain minded there shall be some incorrigible few still opposed to regulation.
Regulation of this industry would not only be for the sake of security, but also for social tranquillity and stability. We need such environment.
Mr Mwangi, a law enforcement and security management consultant, is the lead partner, Edge Trainers & Consultants. [email protected]
Our wizards saw the Brave New World, but none saw coronavirus
Last year in December, Nation Media Group held its first Kusi Ideas Festival in Kigali. The festival tried to peer ahead the next 60 years in Africa.
There were many Brave New World ideas about how that future might look like, and also the perils that progress almost always brings. Needless to say, no one saw Covid-19 coming.
A futurist curtain-raiser in The EastAfrican, titled Africa in 2079, came close to outlining a mirror universe to the one Covid-19 is bequeathing us.
Between London, Zimbabwe, and the corners of Africa where Econet’s fibre optic network reaches, Strive Masiyiwa, founder and chairman of Econet Wireless and former chair of the board of AGRA wrote:
“I recently invested in a tech start-up that has created an Uber-like platform for tractors, enabling farmers to link up with a central database and order a tractor via SMS…freeing the farmer from the drudgery of the hoe. This service is particularly valued by women farmers, enabling them to circumvent social norms that might otherwise hamper their ability to hire a tractor.” From wherever we are hiding from the virus, unable to roam the farm, Uber farming could be the new way a lot of our food is produced.
From Tanzania, Aidan Eyakuze, who is executive director of Twaweza East Africa and has been confined in-country as an elegant prisoner for nearly two years because of his love of inconvenient data, painted an intoxicating but strange utopian-dystopian picture of Africa at the end the century.
By 2079, he foresaw the “vast majority of Africans earn their living through multiple micro-tasking (MMTs) ever since every ”job” was unbundled into its component tasks…leaving only those unbundled micro-tasks needing social intelligence, creativity or dexterity to be done by people. All ”taskers” are always-on private contractors who bid relentlessly for the privilege of tasking.
Incomes are kept low by the relative scarcity of tasks requiring the human touch.
“The unrelenting competition for tasks is both stressful and socially divisive — you are competing against everyone all the time…even marriages have renewable term limits, ‘in case someone better comes along.’” With work-from-home regimes, the former has come 78 years earlier.
Indeed, even for the latter, more people now probably think being cooped up with the same man or woman in the house “for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death us do part,” is a very archaic model.
Between Italy and Kenya, the Society for International Development’s Arthur Muliro, peered into a what a truly borderless Africa might look. Among others, his gaze settled on, of all places, Libya.
“Libya…was now welcoming other Africans and allowing them to settle. The peace deal that had come after a decade of civil war was holding and there was new optimism, in part boosted by the arrival and expansion of new migrant groups who had settled there and were helping rebuild their adopted country.”
On a close re-reading, turns out Aidan hinted that Turkey, which jumped in the Libyan fray as the coronavirus made its way out of Wuhan, might have something to do with it.
Stadiums progress welcome – Daily Nation
Last week, the Sports ministry’s top officials, led by Chief Administrative Secretary Hassan Noor Hassan and Principal Secretary Joe Okudo traversed the country to access the ongoing construction of stadiums.
President Uhuru Kenyatta also made an impromptu tour of the Nyayo National Stadium to ensure that all is well besides giving Cabinet Secretary Amina Mohamed full support. That has made sure that renovation works resume at all the stadiums — including Kasarani, Nyayo, Kipchoge Keino, Kamariny and Wote — and that everything is running on schedule.
Upon completion of some of these arenas, the country will have positioned itself to host major world events, especially in football, athletics and basketball. The ministry must, therefore, ensure that, while it has given contractors an ultimatum to finish their work, it also insists on quality delivery.
But there are concerns about work at county stadiums, especially in Mombasa, where those who redesigned the arena have done away with the internationally approved running track.
The new stadium has been designed for football only hence won’t host any track and field events. The four lane track will only be for warm up and this has raised eyebrows.
Mombasa County Chief Sports Officer Innocent Mugabe said Bububu grounds in Likoni and Kenya Ports Authority’s Mbaraki Sports Club will be upgraded for sports use. Mombasa being at low altitude, it is suitable for staging major World Athletics events, having staged the 2007 World Cross Country Championships.
Kenya is bidding to host the 2025 World Championships in Athletics and Mombasa can easily be the venue with a good stadium in place. There is still time to build a county stadium.
Ensure reopening of schools runs smoothly
When Education Cabinet Secretary George Magoha announced a fortnight ago the postponement of school reopening to January next year, he gave an exception. Universities, teacher training colleges and technical training institutions were directed to be ready to reopen in September.
Consequently, they were asked to put in place safety measures prescribed by the Health ministry, including reorganising classrooms and hostels to ensure social distancing. Just a month to the planned reopening, are those institutions really prepared?
In the past few days, Prof Magoha has convened meetings with the heads of the institutions to plan for the reopening and visiting the colleges to assess their preparedness. Preliminary reports from these engagements indicate that just a few institutions are ready.
At the university level, so far, only Strathmore has been declared ready for reopening. Ensure reopening of schools runs smoothly
For teachers’ colleges, three — Murang’a, Kibabii and Kericho — have met the threshold. Assessment is ongoing for the technical training institutions.
But the broad observation is that most of the institutions are not ready. Though not surprising, most of them are ordinarily in poor state and Covid-19 has just exposed them. Beyond the situation, long-term actions are required to revamp and revitalise them.
Reopening the colleges in September will be the starting point for relaxing restrictions in the education sector. The reason for beginning with colleges is that they have mature students who understand the health protocols and can, therefore, take care of themselves and minimise infections. Their experience would then inform plans for reopening primary and secondary schools.
Closure of schools and colleges has dealt a huge blow to education. Learners in schools have lost a whole year and have to repeat classes next year. This comes with high social, economic and psychological. Indeed, this is the first time in history that schools are being closed for a year.
The last time the education sector suffered most was in 1982, when, following an abortive coup, the University of Nairobi and then-Kenyatta University College were closed for nine months. That created a major backlog and that took five years to clear. This is the reason steps should be taken at the earliest opportunity to mitigate the damage.
The challenge, therefore, is for the colleges to work on those health protocols to prepare for reopening. All other sectors, such as transport and tourism, are reopening and, therefore, colleges have no reason to lag behind. We ask the management of the institutions to expedite the required processes and get ready for reopening in September as directed.