Wells Fargo sues regulator seeking to be given licence

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Private Security Regulatory Authority (PSRA) Director General Fazul Mahamed at a past function on August 4, 2021. PHOTO | DIANA NGILA | NMG

Private Security services provider Wells Fargo has moved to court to compel the sector regulator to issue it with a licence, which the firm says has been delayed for close to three years.

The firm said in a case filed under a certificate of urgency that the Private Security Regulatory Authority (PSRA) published a gazette notice with a list of 183 private security providers but its name was missing, a move that raised queries among its customers.

PSRA published a list of 183 firms out of over 2,000 that currently operate in the country, raising questions as to what happens to the rest of the companies.

High Court Judge Jairus Ngaah said although the company says PSRA delayed the processing of the licence, the firm did not move the court at the earliest opportunity possible.

“For this reason, I will not certify the applicant's application as urgent. Nevertheless, leave is granted in terms of prayer 2 of the application,” the judge said.

The judge directed the firm to serve the regulator with the court documents, who shall respond within seven days.

The case will be mentioned on February 1.

The company says it applied for the licence in March 2020 and despite providing all the required documentation, as required by the Private Security Regulations Act, and following up on the matter with the regulator on numerous occasions, the company is yet to get a response from the authority.

“Unless the case is heard urgently, the customers will terminate contracts for lack of the license. This could lead to the collapse of the applicant’s business and the loss of employment for over 3,000 employees,” the company said through lawyer Lawson Ondieki.

The firm said it received emails from some of its customers following the gazette notice, which pointed out that Wells Fargo was not among the companies listed.

The customers were allegedly asking whether they can continue engaging the firm to provide security services.

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