ADVOKS GLOBAL · KENYA
Private Security Regulation Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"Authority" means the Private Security Regulatory Authority" established by section 7(1);"Board" means the Board of the Authority established by section 11;"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to internal security;"Director" means the director of the Board appointed in accordance with section 18;"firearm" has the meaning assigned to it under the Firearms Act (Cap. 114);"foreign power" means a foreign government, foreign organization or an entity that is directed or controlled by a foreign government or foreign organization;"member of a disciplined services" includes a member of the—(a)National Police Service;(c)National Intelligence Service;(e)Kenya Wildlife Service;(f)Prisons Department; and(g)any other Service established under an Act of Parliament that offers security or quasi-security related services;"misconduct" means any action, failure or refusal to act, which may not necessarily constitute a contravention of the law but does not meet—(a)the requirements of the code of conduct referred to under section 27;(b)the values set out under Article 10 of the Constitution; or(c)applicable norms and standards provided for in international instruments applicable to Kenya;"National Security Organs" means the national security organs established under Article 239 of the Constitution;"person" includes—(e)any company incorporated or registered in terms of any law; and(f)any other body of persons corporate or unincorporated;"private security firms" means a body corporate, including a partnership, which provides private security services;"private security officer" means a person who is authorized and registered under this Act to offer private security services at a fee;"private security service provider" means a person or body of persons, other than a state agency, registered under this Act to provide private security services to any person;"private security services" means any of the following services whether performed by an individual or firm—(a)installation of burglar alarms and other protective equipment;(b)private investigations and consultancy;(c)car tracking or surveillance;(d)close-circuit television;(e)provision of guard dog services;(f)security for cash in transit;(g)access control installation;(i)any other private security service as may determined from time to time by the Board by a notice in the Gazette;"private security services industry" means the people and activities involved in the provision of private security services;"property" means any movable, immovable or intellectual property, or any right to such property;"register", with regard to a security service provider, means entering the name of a security service provider in the register contemplated in this Act."security equipment" means—(b)a safe, vault or secured container;(c)a satellite tracking device, closed circuit television or other electronic monitoring device or surveillance equipment;(d)a device used for intrusion detection, access control, bomb detection, fire detection, metal detection, x-ray inspection or for securing telephone communications;(e)a specialised device used to open, close or engage locking mechanisms; or(f)a specialised device used to reproduce or duplicate keys or other objects which are used to unlock, close or engage locking mechanisms;"security guard" means a person employed as such by a contract security organization or proprietary security organization; and"security service" means or more of the following services or activities—(a)protecting or safeguarding a person or property in any manner;(b)giving advice on the protection or safeguarding of a person or property, on any other type of security service as defined in this section, or on the use of security equipment;(c)providing a reactive or response service in connection with the safeguarding of a person or property in any manner;(d)providing a service aimed at ensuring order and safety on the premises used for sporting, recreational, entertainment or similar purposes;(e)manufacturing, importing, distributing or advertising of monitoring devices for interception and monitoring provided for under any written law;(f)performing the functions of a private investigator;(g)providing security training or instruction to a security service provider or prospective security service provider;(h)installing, servicing or repairing security equipment;(i)monitoring signals or transmissions from electronic security equipment;(j)performing the functions of a locksmith;(k)making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in paragraphs (a) to (j) and (l), to another person;(l)managing, controlling or supervising the rendering of any of the services referred to in paragraphs (a) to (j);(m)creating the impression, in any manner, that one or more of the services in paragraphs (a) to (l) are rendered;