The recruitment process for a new director general for the Private Security Regulatory Authority (PSRA), set to replace Fazul Mahamed, has been halted. This development leaves the PSRA potentially operating without a substantive CEO and chairman, as Adiel Nyange’s tenure ends this month.
The State Corporations Advisory Committee (SCAC) halted the process after discovering that it had not been endorsed by a full PSRA board meeting resolution. SCAC has warned of potential legal consequences if the hiring process continues as is.
The process has been marred by controversy, with some PSRA board members alleging serious breaches of recruitment procedures and regulations. For instance, acting Director General Philip Leakey Okello, who is also an applicant for the position, has been sitting on the interviewing panel, raising concerns of a conflict of interest.
Following an uproar in the private security sector, SCAC Secretary Simon M. Indumuli sent a letter on August 26, 2024, to Chairman Nyange, highlighting the legal implications of proceeding with the recruitment process without a full board resolution. Indumuli’s letter was in response to complaints from Baljit Sokhi and Pius Chelimo, appointed members of the PSRA board, who claimed they had not been invited to any board meetings.
It has since come to light that the decision to advertise the CEO vacancy, as well as the subsequent shortlisting and interviews, were not discussed or approved by a full PSRA board meeting, contrary to legal requirements.
The announcement inviting applications for the CEO position was published on Tuesday, May 21, 2024, in MyGov, a government publication. The notice stated that the new CEO would be appointed on a three-year contract, subject to renewal based on performance evaluations. Applicants were required to submit their documents by July 31, 2024.
Reporting directly to the board of directors, the CEO of the Private Security Regulatory Authority (PSRA) holds significant authority over the authority’s operations, including critical tasks such as budget allocations, strategic planning, and team management.
During his six-year tenure, former CEO Fazul Mahamed did not convene a single full PSRA board meeting, instead making unilateral decisions. His time in office was marked by numerous controversies, including a notable dispute with COTU Secretary General Francis Atwoli regarding workers’ remittances.
SCAC Secretary Simon M. Indumuli issued a stern warning to PSRA board chairperson Adiel Nyange: “Advertising for the position of the CEO, which was sanctioned by a board in which the duo (Baljit Sokhi and Pius Chelimo) did not participate and therefore [were] not well represented may attract legal consequences.”
Indumuli also pointed out Nyange’s failure to acknowledge or respond to enquiries from Sokhi and Chelimo regarding their appointments as PSRA board members.
Sokhi and Chelimo, whose appointments were published in the Kenya Gazette by the Cabinet Secretary for Interior effective September 24, 2023, were excluded from a board meeting held on April 5, 2024. No explanation was provided by then-CEO Fazul. During that meeting, Jackson Mbuthia was controversially elected as vice chairperson of the PSRA board.
The PSRA board chairperson is appointed by the President. With Nyange’s term ending this month, there are concerns that a successor has yet to be appointed. The halt in the CEO recruitment process means the PSRA will continue to operate without a substantive CEO and chairman for an indeterminate period.
