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{
    "id": 445737,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/445737/?format=api",
    "text_counter": 319,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "yesterday, Kshs50 million is spent on Thika Superhighway repairs. The moment it is dark, there are people who come to the road; not to drive, cross, or do anything else, but to make sure that they pluck the rails, sign boards; lighting systems and ultimately cause accidents. It is estimated that the illegal export of scrap metal is currently costing the country an estimated amount of Kshs4 billion in revenue loss. Therefore, this Bill will create a system or administrative issues that will prohibit persons from dealing with scrap metal without a licence. It is introducing a licence system and it is also introducing scrap metal dealers licence by a body that will be called the Scrap Metal Council. This body will create a law or an avenue for dealing with a person who destroys any metal intended for Government infrastructure. It will provide the penalties and procedures of vetting scrap metal dealers upon an order made by the High Court. It will provide for exports of non- ferrous category of scrap metal through quota restrictions. Part II of the Bill establishes the Scrap Metal Council and provides for its composition and functions. Part III of the Bill deals with the administrative issues relating to dealing in the scrap metal. Clause 5 prohibits a person from dealing in scrap metal without a licence. Clause 10 provides for the issuance of a licence by the council to be formed under this Bill, for one to deal in scrap metal. Clause 24 makes it an offence for a person to destroy any metal intended for Government infrastructure, the likes of the rails, ports and the highways. Clause 25 provides for how one can forfeit scrap metal licence upon an order given by any of the judicial systems. Part IV provides for the enforcement of the provisions. Clause 26 provides for the appointment of scrap metal inspectors. Clause 30 deals with the powers of inspectors. Even inspectors do not have the powers the way they want; they have some limitation on how they enforce the law. Hon. Temporary Deputy Speaker, Part V of the Bill deals with the miscellaneous provisions of this Bill. Clause 33 of the Bill empowers the Cabinet Secretary (CS) for Industrialization and Infrastructure to make rules and regulations. Clause 34 repeals the current Scrap Metal Act, Cap.503. Therefore, once this Bill goes through Parliament in all the stages and is assented to by the President, the Scrap Metal Act, Cap.503, becomes repealed or becomes irrelevant. Finally, the schedules provided in the Bill are the forms to be used for administrative purposes. I think I have highlighted the salient features of this Bill. These illegal scrap metal dealers do not come to our counties because there are no roads in northern Kenya. Therefore, we are very happy that this law is coming and we hope that the Euro Bond; the Kshs174 billion is infrastructure money which will go to Turkana, Garissa, Wajir and Mandera counties. That is the undertaking and an MOU signed with the Jubilee Government; those of us who are in Jubilee Government. At least, we have had cattle rustlers but we never had those who steal road infrastructure. The metal “rustlers” are never found in our area. It is not because they did not have a choice but it is because the roads are not there. I hope the Committee on Finance, Planning and Trade will re-look at the Bill and come up with more amendments. At the end of the day, we will have a law that will help all Kenyans. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}