State withdraws case against scrap metal dealer
The state has withdrawn a case against a scrap metal dealer.
The state has withdrawn a case against a scrap metal dealer who was arrested while allegedly ferrying scrap metal on the Namanga border with a license.
In her ruling, Voi Law Courts Senior Principal Magistrate Cecilia Githinji allowed the application to be made by Kenya Revenue Authority (KRA) seeking withdrawal of the matter due to lack of evidence.
Ms Githinji heard that KRA was unable to prosecute the case since the suspect Peter Ngaire had managed to reach an outside court settlement with the owner of the license that had been used in ferrying the scrap metal.
"Investigations indicate that the state witness who had been bonded by KRA is not ready to testify against the suspect after they reached an outside settlement,” stated Ms Githinji.
The magistrate ordered the file closed under the Criminal Procedure Code.
"After listening to the application, l hereby order the file closed due to lack of prosecution witness,” Ms Githinji said.
Last month the driver of the vehicle that was ferrying the scrap metal, registration number KDG 039 was charged with illegally exporting scrap batteries to Tanzania without a licence.
The court ordered him to pay a fine of Sh30, 000
This move, however, angered the Scrap Metal Council which questioned the mysterious release of scrap metal that was recently intercepted at the Namanga border point.
The council chairman Francis Mugo termed the mysterious 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.
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.
