PS: Scrap metal dealers draw guns, place them on tables during state meetings

Dr Juma Mukhwana is barely three months in office but has already witnessed the ugly and scary side of his work as Industry Principal Secretary.

He was sworn in on December 2, last year, alongside 50 others at State House in a ceremony witnessed by President William Ruto and Deputy President Rigathi Gachagua.

What is giving the PS sleepless nights is how the Scrap Metal Council is run. 

Dr Mukhwana sits in the council by virtue of his position. 

Just days ago, Dr Mukhwana shocked lawmakers when he said the situation is so bad that council members carry guns to boardroom meetings “and place them on the table to force their arguments”.

Composition change

He did not reveal who the gun-totting members of the Scrap Metal Council are.

“Sometimes they meet and place guns on the table. It is a rogue council,” Dr Mukhwana told the National Assembly Trade, Industry and Cooperatives Committee.

Interestingly, the council is mandated to work with inspectors in bringing order and integrity to the scrap metal business.

As deliberations are made with guns drawn, it is difficult to achieve what the law requires.

Dr Mukhwana appeared before the team chaired by Embakasi North MP James Gakuya to make a presentation as it considered the state department’s supplementary budget for the current financial year.

Section 3 of the Scrap Metal Act, 2015 established the council.

According to the law, the agency is expected to regulate the scrap metal trade while protecting the public against vandalism and theft of utility infrastructure and private property.

The other mandate of the council is regulating the scrap metal industry to ensure economic growth, protection of public health and conformity to the principles of environmental conservation.

It is also expected to attract investors who will utilise excess scrap materials and support existing users of scrap metal.

The council sets the applicable licence fees to dealers and receives, vets and processes applications for the grant and renewal of permits.

It also receives complaints and disputes from the public and within the scrap metal industry, and submits an annual status report on the sector to the Investments, Trade and Industry Cabinet Secretary. 

Diverse representation

The Scrap Metal Council is funded by the taxpayer but has a diverse representation from the public and private sectors.

Its chairperson is appointed by the Cabinet Secretary and includes the Transport PS, Kenya Revenue Authority Commissioner-General, the Inspector-General of Police and Industrialisation PS as members.

The private sector is represented in the council by a member nominated by sector organisations and appointed by the Cabinet Secretary.

They include a representative from the Scrap Metal Dealers Association, the metal cottage industry, the Kenya Association of Manufacturers and large utility companies or organisations in charge of infrastructure to be appointed on a rotational basis. 

It also has a representative of the Consumer Federation of Kenya (Cofek).

Dr Mukhwana said the ministry had proposed amendments to the law, currently before the National Assembly.

It wants lawmakers to consider repealing the provision that requires the council to have representation from Cofek “and other rogue elements”.

“We need to change the composition of the council,” Dr Mukhwana added as committee members sat and listened pensively.

The revelations that the council had been taken to court by one of its members, did not sit well with Mr Gakuya.

“A member taking the council to court? This is a conflict of interest! He should not be a member of the Scrap Metal Council” the committee chairman said. 

[email protected]