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{
    "id": 315842,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/315842/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Mr. Haji",
    "speaker_title": "The Minister of State for Defence and Acting Minister of State for Provincial Administration and Internal Security",
    "speaker": {
        "id": 26,
        "legal_name": "Yusuf Mohammed Haji",
        "slug": "yusuf-haji"
    },
    "content": " Mr. Speaker, Sir, I beg to reply. (a) I am aware of the increased vandalism of transformers for cooling oil and scrap metal, Telkom wires for copper, road furniture and home appliances for sale as scrap metal. (b) I am aware that the crime has continued to increase due to the high demand for iron for construction in Kenya and other countries which has made scrap metal trade very lucrative. This increase is, however, not as a result of lenient fines and jail terms imposed on culprits. For instance, under the Kenya Information and Communications Act 1998, which was amended on 12th July, 2012, a person convicted under the Act for vandalism and any act involving scrap metal, is liable to a fine not less than Kshs5 million or imprisonment of not less than ten years or both. The Environmental Management and Co-ordination Act No.8 of 1999 provides stiff penalties for various offences involving scrap metal. Section 87(5) of The Environmental Management and Co-ordination Act provides for a jail term of not more than two years or a fine not exceeding Kshs2 million, or both for dangerous handling and disposal of wastes without a licence. Section 91(6) of the same Act provides for a jail term of not less than two years or a fine of not less than Kshs1 million for contravening the provisions of that section. Further, Section 106(1) provides for a jail term of not less than two years or a fine of not less than Kshs500,000, for offences relating to ionizing. (c) The National Environment Management Act is vested in the National Environment Management Authority (NEMA) and not the Kenya Police. After the amendment of the Scrap Metal Act, which in essence removed all powers of licensing, inspection and investment from the police and vested the same in NEMA under the National Environmental Management Act, the Act did not even state whether offences under the Act are cognizable by the police or not. In the circumstances, such measures can only be developed by the said organization. The role of the police in this matter is only reactionary. For short term measures, one NEMA will endavour to regulate through licensing all transporters, yards and recycling facilities on conditions, which include recycling that does not handle vandalized products. Secondly, NEMA will intensify inspections of the facilities to ensure compliance with condition of not handling vandalized products, among others. They will also include the condition that recyclers should not receive the suspected materials until certification by a form or letter is attached as to the source of the scrap metal. They will also co-operate with the police and other enforcement agencies in ensuring that all facilities are licensed, and that they comply with the licence conditions. They will also arrest and prosecute the perpetrators. The medium-term measures proposed include requirement of all scrap metal dealers, yards and transporters to have certificates of good conduct before licence renewal or issue of new licence. Two, there will be review of the National Environment"
}