Scrap Metal Council condemns release of smuggled scrap metals

The Scrap Metal Council has decried the mysterious release of scrap metal that was recently intercepted at the Namanga border point.

The council chairman Francis Mugo termed the release of the scrap metal as unfortunate saying such actions negate the efforts being put in by the council and other stakeholders to bring sanity to the scrap metal sector.

“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 give advice, as the council is getting frustrated in its efforts,” he added.

According to the Scrap Metal Act, 2022, any person who contravenes this section of the law commits an offense 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.

Scrap metal smuggling

According to the 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.

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.

This was witnessed this week when a truck registration number KDG 039x loaded with scrap batteries was intercepted by KRA officials at the Tanzania - Kenya border last week.

Mr Mugo decried that despite the law being explicit on the penalties involved, the truck and the scrap material were released while the owner went home scot-free.

The truck was however released together with the cargo. This was after the appearance of the truck driver Patrick Matata who appeared before Voi law courts principal magistrate Cecilia Kithinji 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 orders to have the scrap metal forfeited to the state for destruction.

Fines

It has since emerged that the magistrate in the presence of state counsel and the accused person, ordered the release of the motor vehicle following application by the accused person.

"I hereby order for the release of the subject motor vehicle to the accused person as no prayers for forfeiture or other directions have been made that the file be and is hereby closed, “she ruled.

While fines have been imposed on dealers, the council believes that revoking trade licenses 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.