The government has moved to enhance tough penalties on vandals in a bid to tame wanton destruction of critical national infrastructure.
In an omnibus bill tabled in Parliament, the state has increased the fines for destructions of roads, railways, bridges and other infrastructure from the current Sh10 million to Sh20 million.
The State Law (Miscellaneous Amendment), Bill, 2023, also increased jail term for an offender from the current three years to seven years.
The Bill amends Scrap Metal Act, 2015.
The proposed law is sponsored by National Assembly Majority Leader Kimani Ichung’wa. It has been introduced in the House for First Reading.
“The Ministry of Industrialization, Trade and Enterprise Development has also proposed the regulation of imports in addition to exports, as well as enhancement of several penalties in the Act, to deter vandalism and other prohibited acts,” the Bill states.
Further, the Bill enhances fines for licensed scrap metal dealers that do not keep a register of the items they received from the current Sh1 million to Sh5 million for first offenders.
For repeat offenders, the fine has been increased to Sh10 million from the current Sh5 million.
The current requires the dealers to keep a register of the weight, dimensions and general description of the scrap metal, which from time to time come into their possession or control.
“Every entry required to be made shall be made within 24 hours of the time when the transaction took place, and the licensee shall ensure that every party to such transaction signs or affixes his or her left thumb-print to such entry,” the Act states.
For licensees dealing in scrap metals outside the prescribed hours, or acquires the material from a person below the age of 18, or stores the material in an unauthorised premise, they will be fined Sh5 million.
This is compared to the current Sh1 million.
Those who deal in stolen metals will be fined Sh5 million up from Sh1 million.
The Bill provides that a state entity responsible for critical national infrastructure, shall dispose scrap metal from critical national infrastructure to the Numerical Machining Complex and the Kenya Shipyard for smelting into billets.
The Bill defines critical national infrastructure as a physical and virtual assets or facilities, whether owned by private or public entities, which are essential to the provision of vital services.
“Where there is adequate capacity at the Numerical Machining Complex and Kenya Shipyard Limited, the respective state entity through the agencies shall seeks approval from the scrap metal council to partner with a local smelter directly without involving a broker,” the Bill states.
Meanwhile, private companies that will employ Kenyans directly from universities and colleges, shall be granted special incentives by the government.
The Omnibus, which also amends the National Employment Authority Act, 2016, introduces a reward system for private firms that do not demand several years of job experience, to give youths jobs.
“The authority shall establish incentives to reward a private institution that employs Kenyans within six months after completing their certificate or undergraduate studies, and who do not possess more than five years’ experience,” the bill states.
