In a significant legal development, the Employment and Labour Relations Court on Monday dismissed a petition that had been challenging the Ksh30,000 minimum wage set for security guards in Kenya.
Judge Mathews Nduma, delivering the ruling, decided against halting the implementation of the minimum wage.
He explained that the petition, which had been filed in November 2023, had been abandoned by the petitioner. Since the case had not been actively pursued, the court was left with no choice but to close it.
“The petition was abandoned by the petitioner, and due to this, the case had to be closed for lack of interest in pursuing it,” Justice Nduma explained.
He further emphasized that the petition had no merit and was deemed an abuse of the judicial process, given the apparent lack of commitment from the petitioner.
Justice Nduma also pointed out that the petition had been overtaken by events, meaning the matter had already been addressed and there was no need for the court to spend time hearing a case that had become irrelevant. He noted that continuing with the case would have been an unnecessary exercise.
“In the end, since the petitioner abandoned the case, the court struck it out. Moreover, even if the case had been pursued, it lacked merit, which led to its dismissal,” he added.
This ruling came after a petition had been filed by several private security company owners who had contested the government’s decision to set the minimum wage for security officers at Ksh30,000.
In response to the ruling, the Kenya National Private Security Workers Union (KNPSU) celebrated the court’s decision, viewing it as a significant victory for the over 1.3 million security guards across the country.
The union highlighted that this ruling would allow the immediate implementation of the Ksh30,000 minimum wage, a long-awaited reform in the private security industry.
KNPSU expressed that the ruling was an important step in recognizing the hard work and importance of security guards, who play a critical role in protecting businesses, homes, and institutions.
With the implementation of better pay, the guards would not only gain financial security but also contribute more to the country’s economy through increased purchasing power.
“The court’s decision brings dignity to the security guards by acknowledging their vital role in society and ensuring they receive fair pay for their services,” KNPSU stated.
They further pointed out that the ruling sent a strong message to security companies that have previously underpaid and overworked their employees.
This judgment guarantees that security guards will now be compensated fairly for their essential work.
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