Help us fight scrap metal smuggling, council tells Judiciary
The Scrap Metal Council has called on the Judiciary to play a crucial role in ending the illegal trade of smuggling scrap metal to neighbouring countries.
The Scrap Metal Council has called on the Judiciary to play a crucial role in ending the illegal trade of smuggling scrap metal to neighbouring countries.
The council, through its chairman Francis Mugo, expressed concern that despite the thriving illegal business, the judiciary has not been punitive enough to those found guilty of the offence.
"We cannot win the war against vandalism of critical government infrastructure if an accused person is charged in court and on the same day is released under very unclear circumstances with some funny orders," Mr Mugo said.
Mr Mugo pointed out that if the Judiciary can strictly enforce the Scrap Metal Act, 2015 against culprits found guilty of the offence, it will deter other offenders from engaging in a similar act.
The Chairman was referring to an incident where a truck carrying scrap metal and batteries was intercepted by Kenya Revenue Authority (KRA) officials in Mtito Andei on August 3 this year and upon search, it was found that the dealer did not have a valid licence to deal in scrap metal.
The driver of the truck, Patrick Muthama, was charged at the Makindu Magistrate's Court and released under unclear circumstances and the court ordered that the truck be released.
On Thursday (August 17) morning, however, the same lorry was intercepted as it attempted to cross into Tanzania through the Rombo border post in Loitoktok.
However, the driver escaped, leaving behind the truck, which was later towed to the Loitoktok Police Station.
"Having heard the State and the accused person, I order that motor vehicle registration number KDG 039X/ZG7105 be released to the owner upon payment of a fine of Sh40,000," ruled Makindu Principal Magistrate Richard Mbicha.
Mr Mugo expressed concern that if the trend continues, local scrap metal dealers will face a huge setback in their business, with some even risking being forced out of business.
"We are closely monitoring all cases in our courts involving vandalism and illegal activities in the scrap metal industry, especially those smuggling the scrap out of the country," said Mr Mugo.
"Exporting ferrous metals and scrap batteries out of the country is illegal and the council does not issue licences to export such raw materials from Kenya because we have local companies that we need to protect," he added.
Mr Mugo said the Council would continue to work with all government agencies to fight vandalism of critical infrastructure and warned dealers involved in illegal activities that the law would soon catch up with them.
He said the most commonly smuggled metal was scrap batteries, which are in high demand in neighbouring countries.
Several trucks carrying millions of dollars worth of scrap batteries into Tanzania have been intercepted.
"The council commends the police for their good work and further calls on all scrap metal dealers across the country to ensure that they have valid licences to trade," said Mugo.