The government has proposed tough new laws limiting scrap metal dealers, consumers and transporters to curb rampant vandalism of critical national infrastructure.
MPs are considering a proposed law that would require scrap metal dealers to acquire a special licence from the National Treasury to deal in copper, aluminium and their alloys.
The Statute Law (Miscellaneous Amendments) Bill, 2022 states it “is intended to protect critical infrastructure for instance transformers".
It is sponsored by Majority leader Amos Kimunya.
The Bill further proposes to restrict the disposal of scrap metal from critical infrastructure to the Numerical Machining Complex and the Kenya Shipyard Ltd.
NMC is owned by Kenya Shipyard Ltd with a shareholding of 51 per cent and Kenya Railways at 49 per cent, the shares held in trust of the government.
The metals disposed at the two national sites would then be smelted into billets amid efforts “to deter vandalism and other prohibited acts".
Billets are sections of metal used for rolling into bars, rods and sections for easier handling.
“Where capacity is inadequate at the Numerical Machining Complex and the Kenya Shipyard Ltd, the state entity shall seek approval of the Scrap Metal Council to partner with a local smelter directly without involving a broker,” the Bill reads.
The Bill further seeks to amend the Scrap Metal Act, 2015 to provide stiffer penalties for those who break the scrap metal laws, especially vandals of critical national infrastructure.
Any violations would attract a Sh20 million fine or seven years in jail.
The changes were first read in Parliament on Tuesday.
The Bill also prohibits export or import of any scrap metal at any time, dealing a blow to dealers who source scrap from outside the country. Currently, only exports are banned.
In further changes to the Energy Act, those found transporting metals vandalised from electricity installations would have their vehicles seized and forfeited to the state.
“Any vessel used to convey vandalised or stolen equipment or appliances shall be forfeited to the state,” the Bill read.
The Treasury PS is also a member of the Scrap Metal Council.
The government on May 1 lifted a ban imposed on scrap metal dealings by President Uhuru Kenyatta and said only licensed dealers would be allowed to operate. He imposed it on January 20.
The President unilaterally imposed a moratorium on the export and sale of scrap metals until guidelines were in place. He acted after a national power outrage that was blamed on the vandalism of electricity infrastructure.
He said vandals and thieves were committing treason.
Licensed dealers, in new regulations, are also required to carry a certified copy of their licences and that of the recipient in order to transport the metals.
The items are also to be strictly transported in the day time – between 6.30am and 6.30pm. Dealers must also belong to an association of scrap metal traders.
Trade CS Betty Maina recently revealed that only 20 per cent of scrap metal dealers in the country were licensed, with a number having their applications pending.
As a deterrent, smelters will be charged a Sh250,000 annual fee while agents and jua kali workers will be charged Sh150,000 and Sh50,000, respectively.
The proposed law defines critical national infrastructure to mean physical or virtual assets or facilities — private and public — essential to the provision of vital services to the public.
They are setups that “if destroyed, degraded or rendered unavailable would have an impact on the social and economic well-being of the nation or affect the government’s ability to undertake national defence and security".
In February, the government gazetted power and communication installations, among other digital platforms, as critical national infrastructure that require enhanced security surveillance.
Petroleum storage and distribution systems, air navigation systems, airport and railway transport services, judicial and healthcare systems were also listed.
Others are water, food production and distribution systems, land transaction systems as well as NTSA and cargo management systems.
(Edited by V. Graham)
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