A driver arrested last weekend for ferrying scrap batteries to Tanzania along the Voi Border point has been fined Sh30,000.
The fine has triggered an uproar in the wake of efforts by authorities to end the smuggling of scrap metal.
The law provides that the penalty for smuggling of scrap metal is Sh1 million or a jail term of five years in prison.
Peter Ngaire, the suspect, appeared before Voi Law Court Senior Principal Magistrate Cecilia Githinji and pleaded guilty to the charges.
He was charged that on May 26 this year, being the driver of truck registration number KDG 039 Y, he was illegally exporting scrap batteries to Tanzania without a license.
The court ordered him to pay a Sh30,000 fine.
Scrap Metal Council chairman Francis Mugo said it was unfortunate that its efforts to bring sanity to the sector were being derailed by the Judiciary.
“Imagine where a person commits a crime about scrap metal and the Act stipulates a fine of Sh1 million and the accused is fined Sh30,000?” posed Mugo.
“We call on the Chief Justice to look into these matters and advice, as the council is getting frustrated in its efforts,” he added.
Mugo said transporting scrap metal at night is illegal and the export of scrap batteries is prohibited but you find the people doing the business illegally are either released or given a very low fine which encourages continuity of the crime.
According to the Scrap Metal Act, 2022, any person who contravenes this section of the law commits an offence and is liable on conviction to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding five years or to both.
Meanwhile, the owner of the scrap metal is set to be arraigned in court on Monday following the completion of investigations.
The same law states that any person who undertakes scrap metal trade without a license commits an offence.
The penalty for such an offence attracts a penalty of a fine not exceeding of Sh10 million or imprisonment not exceeding three years or both for a first offence.
For a repeat offence, the penalty is a Sh20 million fine or five years in jail.
According to Voi subcounty police commander Ibrahim Dafalla, the owner of the scrap batteries will be charged with the relevant charges as stipulated in law.
"Police have completed investigations and we have handed over the file to the office of the ODPP for further directions and he will be charged on Monday once the ODPP recommends the relevant charges," he said.
Scrap metal dealers have severally called for more punitive penalties slapped on those caught smuggling the materials out. They blame the courts and enforcement agencies for working with dealers.
They say the vice helps in the escalation of the illegal business along the porous Kenyan borders.
According to Kenya’s Scrap Metal Council, scrap metal smuggling in East Africa is enabled by porous borders in Busia, Namanga, Taveta and Lunga Lunga and smuggled into Uganda and Tanzania.
While fines have been imposed on dealers, the council believes that revoking trade licences is key to deterring the trade in stolen metal. This will also enhance the regulation of the scrap metal industry in Kenya and protect critical infrastructure from vandalism.
Last week, the council suspended the renewal and issuance of export licenses with immediate effect following a resurgence of wanton vandalism of critical national infrastructure.
Mugo asked all licensed scrap metal dealers across the country to comply with the law and avoid abetting vandalism of critical national infrastructure singling out Kenya Power equipment and private property where metals and copper are vandalised.
He further urged all the licensed dealers to ensure they operate within the legal framework as per the Scrap Metal Act by identifying their source of material.
“The country has been receiving so many applications from people who want to export scrap metal from Kenya while the country does not mine copper,” Mugo said.
