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The government has come up with a raft of far-reaching changes in the Scrap Metal Act which seeks to increase penalties for those who engage in vandalism and exportation of the materials.

The Statute Law (Miscellaneous Amendment) Bill, 2023, seeks to amend the law to have a person found to have removed, defaced or destroyed any metal infrastructure designed for roads, bridges, railways, pipelines, telecommunication, electricity, water and sewerage, or any government infrastructure project, fined Sh20 million from Sh10 million.

“Any person who contravenes the law commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both,” reads the bill currently in the second reading.

In the proposed changes, the bill seeks to penalise those found exporting scrap metal in any form.
Those caught exporting scrap metal will now be liable on conviction to a fine not exceeding Sh10 million or imprisonment for a term not exceeding five years or both.

“The Cabinet Secretary for matters relating to finance, in consultation with the Cabinet Secretary responsible for industrialisation and with the recommendation of the Scrap Metal Council, may, under such circumstances as may be prescribed, authorise the export of specific scrap metal for a specified period,” states the bill.

Any exemption allowed under this section shall be valid for six months from the date of issue of the certificate of exemption.

Every entry required to be made shall be done within 24 hours of the time when the transaction took place, and the licencee shall ensure that every party to such transaction signs or affixes his or her left thumb print to such entry.

Any licencee, servant or agent who fails to comply with this section commits an offence and is liable on conviction.

Subsequent offence

For a first offence, a fine not exceeding Sh1 million or imprisonment for a term not exceeding one year, or both, and for a second or subsequent offence a fine not exceeding Sh5 million from the current Sh1 million or imprisonment for a term not exceeding three years, or both and such licence shall be revoked.

Further amendments state that a licencee will only deal in scrap metal except between 6.30am and 6.30pm.

A licencee shall not store or deal in any scrap metal elsewhere other than at the specified premises; unless the council authorises the licensee.

“Any licencee who contravenes this section commits an offence and is liable on conviction to a fine not exceeding Sh1 million and, where such offence continues after conviction, to a fine not exceeding Sh2,000 for each day in which such offence continues or until the licence is revoked.

The bill according to the mover, leader of Majority Kimani Ichungw’ah, proposes to amend the Scrap Metal Act to provide a special licence for dealing in copper, aluminium and their alloys.

Gichugu MP Robert Gichimu has proposed the inclusion of lead batteries in the list.