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Customs officials and police at the Voi border point were yesterday engaged in a disagreement over the mysterious release of scrap metal impounded en route to Tanzania.

A senior officer at the Voi sub county police division said the scrap metal had been impounded by Kenya Revenue Authority (KRA) officials.

“It is true the scrap metal was brought in here by KRA officials. However, the matter is in the hands of the officials and our only duty is to guard over the lorry and the scrap metal until the suspects are produced in court for further directions,” said the officer who sought anonymity due to the sensitivity of the matter.

But yesterday morning, KRA officers came to the station and ordered the release of the scrap batteries without explaining. It emerged that the driver of the lorry (KCA 813N) that was transporting the scrap metal managed to escape during the raid however the owner of the scrap metal presented himself at Voi police station for questioning.

Not first time

This was the second such incident involving customs officials at the border point this year. Last month the officials released scrap metal that had been intercepted at the Namanga border point.

This habit has exposed loopholes in operations carried out by multi-agency teams to curb smuggling syndicates across the country’s entry points.

The operation is normally under the command of the custom officials alongside police officers who are mandated with the role of charging the suspects, handing over the files for recommendations to charge to the Office of the Director of Public Prosecutions.

It has become a habit by the KRA officials who man the border points to fail to prosecute suspects after they are arraigned in court.The interception of the scrap metal comes barely a month after the release of yet another lorry that was ferrying scrap metal to Tanzania under unclear circumstances.

The scrap metal was released despite there being no court order seeking for the release of the scrap metal that had been impounded by Kenya Revenue Authority, after the driver of the lorry registration number ….appeared before Voi Principal Magistrate Cecilia Githinji and pleaded guilty to charges of ferrying scrap metal…..

The driver was ordered to pay a fine of Sh30,000 and the scrap batteries released to the owner despite the fact that he was using a fake license.

Jeopardizing efforts

The Scrap Metal Council through its chairman Francis Mugo has condemned the custom officials of jeopardizing efforts made by his office and the police to curb the smuggling of the materials.

“Our work has been made extremely difficult by the Customs who appear to work with the smugglers,” Mugo said.

Despite the law being explicit on the penalties involved, the trucks and the scrap material are normally  released while the owners go home scot-free.

Last month, another truck driver, Patrick Matata ferrying scrap materials appeared before Githinji and pleaded guilty to charges of dealing with scrap metals outside the stipulated hours of half past six in the morning and half past six in the evening.

The magistrate slapped the suspect to pay a fine of Sh30,000 in default to serve a sentence of two months.Following the suspect’s release it remains unclear on how the truck was released despite the owner of the scrap metal set to appear in court on Monday.

According to police in Voi, there were no specific orders that were issued allowing the release of the truck, however, KRA officials who were mandated to seek the forfeiture of the scrap metal did not appear in court nor seek for orders to have the scrap metal forfeited to the state for destruction.

Scrap metal dealers have opted to use unmanned porous borders to transport the items after the police and KRA tightened inspection at the border points.

Unscrupulous traders are using unmanned points in Busia, Namanga, Taveta, and Lungalunga as the main routes to drive the illegal scrap metal trade.

Offenders are liable to a jail term of up to 20 years or a fine of Sh20 million or both. The owners of the two trucks transporting the scrap batteries will also forfeit the vehicles to the state, according to the Scrap Metals Act.

Kenya banned the export of scrap metals, which includes spent-lead-acid–batteries (SLABs), through the law enacted in 2015. The legislation is meant to support the retention of raw materials for value addition and provides stringent conditions under which exports of lead would be permitted.

Scrap Metal Council chairman Francis Mugo at a presvious press briefing. PD/FILE