Kenya Act or statute

Parliament of Kenya

Scrap Metal Act

This Act may be cited as the Scrap Metal Act. Contains the phrase "Section pack in drums or other containers; or". There is established the Scrap Metal Council. Section sets out who composes the S…

Jurisdiction: Kenya
Structure: 32 provisions
Citation: Cap. 503
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Scrap Metal Act.”

This Act may be cited as the Scrap Metal Act. Contains the phrase "Section pack in drums or other containers; or". There is established the Scrap Metal Council. Section sets out who composes the Scrap Metal Council: a Chairperson appointed by the Cabinet Secretary who must have at least five years' experience; specified ex officio officials and nominated representatives; members must elect a vice-Chairperson at the first meeting; Chairperson and members (other than ex officio) are appointed by notice in the Gazette and hold office for three years, eligible for reappointment once. Council members may at any time resign from office by notice in writing to the Cabinet Secretary.

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PRELIMINARY - 1. Short title

This Act may be cited as the Scrap Metal Act.

Section 1

ADMINISTRATION - 10. Application for licence

People seeking a licence or renewal must apply to the Council as provided in the Second Schedule; the Council must decide to approve or reject within thirty days.

Section 10

ADMINISTRATION - 18. Register by licensee

Licensees must record detailed information about scrap metal transactions and obtain signatures or left thumb-prints; entries must be made within 24 hours; penalties apply for offences including fines, imprisonment and licence revocation.

Section 18

ADMINISTRATION - 25. Forfeiture of scrap metal

Inspectors may seize scrap metal of undetermined ownership; they must present it to a Court within fourteen days. Courts may order forfeiture to the State; conditional forfeiture triggers notice and advertising requirements, and persons…

Section 25

MISCELLANEOUS - 32. Power to make rules

The Cabinet Secretary may, on the recommendation of the Council, make rules to carry out this Act, including prescribing forms, fees, signs and notice boards, disposal of forfeited scrap metal, and other matters.

Section 32

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Showing 32 of 32 provisions

Offence 16Provision 12Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Scrap Metal Act.

Section 1. Short title Section This Act may be cited as the Scrap Metal Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Contains the phrase "Section pack in drums or other containers; or".

Section 2. Interpretation Section pack in drums or other containers; or

Section 2Verify source

Part II

ESTABLISHMENT OF THE SCRAP METAL COUNCIL

§ 3ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 3. Establishment and incorporationProvision

There is established the Scrap Metal Council.

Section 3. Establishment and incorporation Section 3(1) There is established the Scrap Metal Council. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding or disposing movable or immovable property; and Section 3(2)(c) doing or performing all things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

Section 3Verify source

§ 4ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 4. Composition of the CouncilProvision

Section sets out who composes the Scrap Metal Council: a Chairperson appointed by the Cabinet Secretary who must have at least five years' experience; specified ex officio officials and nominated representatives; members must elect a vice-Chairperson at the first meeting; Chairperson and members (other than ex officio) are appointed by notice in the Gazette and hold office for three years, eligible for reappointment once.

Section 4. Composition of the Council Section 4(1)(a) a Chairperson appointed by the Cabinet Secretary who has at least five years' experience in the public or private sector; Section 4(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to transport or representative; Section 4(1)(c) the Commissioner General of the Kenya Revenue Authority or a representative; Section 4(1)(d) the Inspector-General of Police or a representative; Section 4(1)(e) the Principal Secretary of the Ministry for the time being responsible for matters relating to industrialisation or his or her representative; Section 4(1)(f) one person nominated by the Scrap Metal Dealers Association; Section 4(1)(f)(i) one person nominated by the Scrap Metal Dealers Association; Section 4(1)(f)(ii) one person nominated by the metal cottage industry; Section 4(1)(f)(iii) one person nominated by the Kenya Association of Manufacturers; Section 4(1)(f)(iv) one person nominated by large utility companies or agencies in charge of infrastructure, to be appointed on rotational basis; Section 4(1)(f)(v) one person nominated by the Consumer Federation of Kenya. Section 4(2) The members of the Council shall elect a vice-Chairperson from among their number during the first meeting of the Council. Section 4(3) The Chairperson and members of the Council, other than an ex officio member shall be appointed by notice in the Gazette and hold office for a period of three years, but shall be eligible for reappointment once.

Section 4Verify source

§ 5ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 5. Removal of Council members from officeProvision

Council members may at any time resign from office by notice in writing to the Cabinet Secretary.

Section 5. Removal of Council members from office Section at any time resign from office by notice in writing to the Cabinet Secretary; or

Section 5Verify source

§ 6ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 6. Functions of the CouncilProvision

Section 6 lists the functions of the Scrap Metal Council, requiring the Council to adopt measures to regulate the scrap metal industry (including protecting public health and the environment), to receive and process licence applications, to handle public complaints and disputes, to submit an annual status report to the Cabinet Secretary, and to collaborate with inspectors to bring order and integrity to the trade.

Section 6. Functions of the Council Section 6(1)(a) the appropriate measures and mechanisms for regulating the scrap metal industry in ensuring economic growth, protection of public health and conformity to the principles of environmental stewardship as required by the Basel Convention; Section 6(1)(a)(i) the appropriate measures and mechanisms for regulating the scrap metal industry in ensuring economic growth, protection of public health and conformity to the principles of environmental stewardship as required by the Basel Convention; Section 6(1)(a)(ii) the appropriate measures and mechanisms for protecting public interest against vandalism, theft of utility infrastructure and private property; Section 6(1)(a)(iii) the methods of attracting investors on the utilization of excess scrap materials and supporting existing users of scrap metal; Section 6(1)(a)(iv) the applicable licence fees to be prescribed under this Act; and Section 6(1)(a)(v) any other matter relevant to the operations of this Act. Section 6(1)(b) receive, vet and process all applications for the grant and renewal of licences. Section 6(1)(c) receive public complaints and disputes from the public and within the scrap metal industry. Section 6(1)(d) submit an annual status report on the scrap metal industry in Kenya to the Cabinet Secretary. Section 6(2) The Council shall unless otherwise provided in this Act work in collaboration with the inspectors to bring order and integrity to the scrap metal trade.

Section 6Verify source

§ 7ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 7. Business affairs of the CouncilProvision

The Council may regulate its own procedure.

Section 7. Business affairs of the Council Section 7(1) The conduct and regulation of the business and affairs of the Council shall be as provided for in the First Schedule but subject thereto, the Council may regulate its own procedure. Section 7(2) The Ministry responsible for matters relating to industrialization shall provide secretariat services to the Council.

Section 7Verify source

§ 8ESTABLISHMENT OF THE SCRAP METAL COUNCIL - 8. Protection from personal LiabilityProvision

Members and officers of the Council are not personally liable for bona-fide acts or omissions done in executing functions, powers or duties under the Act.

Section 8. Protection from personal Liability Section 8(1) No act or omission by any member of the Council or by any officer, employee, agent or servant of the Council shall, if the act or omission was done bona-fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any action, claim or demand whatsoever. Section 8(2) The provisions of subsection (1) shall not relieve the Council of the liability to pay compensation to any person for any injury to him or her, his or her property or to any of his or her interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any action or omission.

Section 8Verify source

Part III

ADMINISTRATION

§ 10ADMINISTRATION - 10. Application for licenceOffence

People seeking a licence or renewal must apply to the Council as provided in the Second Schedule; the Council must decide to approve or reject within thirty days.

Section 10. Application for licence Section 10(1) A person seeking a licence or renewal of a licence shall apply to the Council as provided in the Second Schedule. Section 10(2)(a) specify the name of the dealer; Section 10(2)(b) specify the premises in which the applicant intends to deal in scrap metal; and Section 10(2)(c) be accompanied by the prescribed fee. Section 10(3) The Council shall consider the application for the grant or renewal of a licence and shall approve or reject the application within thirty days from the date of application. Section 10(4)(a) if the applicant has been convicted of any offence under this Act at any time during the three years immediately preceding the date of the application; Section 10(4)(b) if the applicant has been convicted of any offence involving fraud or dishonesty at any time during the five years immediately preceding the date of the application; Section 10(4)(c) if the applicant is an un-discharged bankrupt or a company in liquidation; or Section 10(4)(d) if the applicant's premises are in the opinion of the Council unsuitable for dealing in scrap metal; or Section 10(4)(e) in the case of renewal of a licence, if the applicant does not have a valid certificate of good conduct and a valid certificate of tax compliance. Section 10(5) Where the Council refuses to issue a licence it shall give reasons for such refusal to the applicant within the period specified in subsection (3).

Section 10Verify source

§ 11ADMINISTRATION - 11. Issue of licenceProvision

A licence is to be issued in the form prescribed in the Third Schedule.

Section 11. Issue of licence Section be issued in the form prescribed in the Third Schedule;

Section 11Verify source

§ 12ADMINISTRATION - 12. Appeal to Cabinet SecretaryProvision

If the Council refuses to issue or renew a licence, the applicant may appeal to the Cabinet Secretary.

Section 12. Appeal to Cabinet Secretary Section Where the Council refuses to issue or renew a licence, the applicant may appeal to the Cabinet Secretary.

Section 12Verify source

§ 13ADMINISTRATION - 13. Licence not transferableSubstitution

A licence shall not be transferable except with the consent of the Cabinet Secretary on the advice of the Council and shall authorize dealing at the specified premises.

Section 13. Licence not transferable Section 13(1) A licence shall not be transferable except with the consent of the Cabinet Secretary on the advice of the Council and shall authorize dealing at the specified premises. Section 13(2) Notwithstanding subsection (1), the Council may, on the application of a licensee and upon payment of the prescribed fee, vary a licence by substituting for the specified premises, other premises as provided in the Sixth Schedule and thereupon all the provisions of this Act shall apply to such premises. Section 13(3) Any licensee who contravenes this section commits an offence and is liable on conviction to a fine not exceeding three million shillings.

Section 13Verify source

§ 14ADMINISTRATION - 14. Cancellation of licenceProvision

Licence may be cancelled if the licensee becomes bankrupt or, if a company, goes into liquidation.

Section 14. Cancellation of licence Section the licensee becomes bankrupt, or, being a company, goes into liquidation; or

Section 14Verify source

§ 15ADMINISTRATION - 15. Appeal to High CourtProvision

A person whose licence is cancelled by the Council may appeal first to the Cabinet Secretary, and if not satisfied with that decision may appeal to the High Court.

Section 15. Appeal to High Court Section A person whose licence has been cancelled by the Council may appeal to the Cabinet Secretary and if not satisfied by the decision of the Cabinet Secretary, may appeal to the High Court.

Section 15Verify source

§ 16ADMINISTRATION - 16. Display of signboardOffence

Licensees must conspicuously display a signboard on their premises in the prescribed manner; the sign must show the full name and the words "LICENSED SCRAP DEALER" in capital letters and be in English or Kiswahili. Persons who internally generate scrap metal are exempt. Failure to comply is an offence punishable by a fine not exceeding two million shillings.

Section 16. Display of signboard Section 16(1) Every licensee shall conspicuously display a signboard within his or her premises the manner prescribed. Section 16(2)(a) bear the full name of the licensee: Section 16(2)(b) bear the words "LICENSED SCRAP DEALER" in capital letters; Section 16(2)(c) be in English or Kiswahili. Section 16(3) Subsections (1) and (2) shall not apply to a person who internally generates scrap metal as a result of their internal processes. Section 16(4) Any person who fails to comply with the requirements of subsections (1) or (2) commits an offence and is liable on conviction to a fine not exceeding two million shillings.

Section 16Verify source

§ 17ADMINISTRATION - 17. Record by licenseeOffence

Licensees must prepare and submit a duplicate record of each variety of scrap metal within one month of licence grant, keep it for up to seven years; failure is an offence with specified fines.

Section 17. Record by licensee Section 17(1) Every licensee shall prepare in duplicate, a record as prescribed in the Fourth Schedule or in such other form as the Cabinet Secretary may in any particular case approve, of each variety of scrap metal, which was at the date and time of the grant of the licence in the licensee's possession or under the licensee's control and shall sign the duplicate copy of the register and submit it to the Council within one month of the grant of the licence. Section 17(2) The record shall contain the weight, dimensions and general description of the scrap metal. Section 17(3) The licensee shall keep this record for a maximum of seven years. Section 17(4) Any licensee who fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding two million shillings and where such offence continues after conviction, to a fine not exceeding two thousand shillings for each day in which such offence continues or until the licence is revoked.

Section 17Verify source

§ 18ADMINISTRATION - 18. Register by licenseeOffence

Section 18. Register by licensee Section 18(1)(a) the weight, dimensions and general description of the scrap metal which from time to time come into the possession or control of the licensee and in respect of each item, the name of the person whether the licensee, servant or agent, who purchased, acquired or received the scrap metal, and the date and time of, and the consideration for the transaction, and the name, identity card number, address and telephone number of the person from whom the licensee, servant or agent purchased, acquired or received the scrap metal from; and Section 18(1)(b) the weight, dimensions and general description of the scrap metal which the licensee sells, disposes or which otherwise ceases to be in his or her possession or control, and showing in respect of each item, the date and time of the transaction and the name, identity card number, address and telephone number or other means of identification of the person to whom the licensee, servant or agent sold, disposed of or parted with possession or control of such scrap metal. Section 18(2) Every entry required to be made under subsection (1) shall be made within twenty-four 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. Section 18(3)(a) for a first offence, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both; and Section 18(3)(b) for a second or subsequent offence to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both and such licence shall be revoked.

Section 18Verify source

§ 19ADMINISTRATION - 19. Presumption as to recordsProvision

Entries required under sections 17 or 18 are presumed to have been made with the authority of the respective licensee unless the contrary is shown.

Section 19. Presumption as to records Section Every entry required to be prepared or kept under section 17 or section 18 of this Act shall be deemed, unless the contrary is shown, to have been made with the authority of the respective licensee.

Section 19Verify source

§ 20ADMINISTRATION - 20. Restriction on licenseesOffence

Licensees are restricted in dealing with scrap metal: they may only do so between 6:30am and 6:30pm, not with persons under 18, and not with persons whose identity they cannot verify; licensees must not store or deal in scrap metal anywhere other than the specified premises unless authorized by the Council; licence variations use the Sixth Schedule; contravention is an offence with fines up to one million shillings and continuing daily fines up to two thousand shillings.

Section 20. Restriction on licensees Section 20(1)(a) except between the hours of half-past six o'clock in the morning and half-past six o'clock in the evening; Section 20(1)(b) with any person under the age of eighteen years, whether that person is acting or purporting to act on his or her own behalf or on behalf of another person; or Section 20(1)(c) with any person who does not satisfy the licensee as to his or her identity. Section 20(2) A licensee shall not store or deal in any scrap metal elsewhere other than at the specified premises; unless the licensee is authorized by the Council. Section 20(3) A variation of the licence shall be in the form prescribed in the Sixth Schedule Section 20(4) Any licensee who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings and, where such offence continues after conviction, to a fine not exceeding two thousand shillings for each day in which such offence continues or until the licence is revoked.

Section 20Verify source

§ 21ADMINISTRATION - 21. Restriction on disposing or changing the form of scrap metalOffence

Any person must not dispose of, disfigure, change the form of, or bale scrap metal within seven days of acquiring possession or control, except with the written permission of the Principal Secretary; contravention is an offence liable to a fine not exceeding five million shillings or imprisonment not exceeding three years or both.

Section 21. Restriction on disposing or changing the form of scrap metal Section 21(1)(a) dispose of; Section 21(1)(b) disfigure or in any way change the form or shape of; or Section 21(1)(c) bale any scrap metal within seven days of acquiring possession or control of the scrap metal except with the written permission of the Principal Secretary. Section 21(2) Any person who contravenes sub-section (1) commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.

Section 21Verify source

§ 22ADMINISTRATION - 22. Information regarding stolen or lost propertyOffence

Any person must provide the name, identity number, telephone number and address of the person from whom they acquired or saw the property.

Section 22. Information regarding stolen or lost property Section 22(1)(a) name; Section 22(1)(b) identity number; Section 22(1)(c) telephone number; and Section 22(1)(d) address of the person from whom he or she acquired or saw such property. Section 22(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

Section 22Verify source

§ 23ADMINISTRATION - 23. Scrap metal of unknown originOffence

No person (including licensees, servants or agents) shall allow scrap metal of unknown origin into their possession, whether on licensed premises or elsewhere; contravention is an offence punishable by a fine not exceeding twenty million shillings or imprisonment for up to seven years or both.

Section 23. Scrap metal of unknown origin Section 23(1) No person whether a licensee, servant or agent shall allow scrap metal whose origin is unknown into his or her possession whether in the licensed premises or otherwise. Section 23(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding seven years or to both.

Section 23Verify source

§ 24ADMINISTRATION - 24. Destruction of infrastructureOffence

A person must not remove, deface or destroy scrap metal from infrastructure (roads, bridges, railways, pipelines, telecommunication, electricity, water and sewerage) or from any government infrastructure project.

Section 24. Destruction of infrastructure Section 24(1) A person shall not remove, deface or destroy any scrap metal from the infrastructure designed for roads, bridges, railways, pipelines, telecommunication, electricity, water and sewerage, or any government infrastructure project. Section 24(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both.

Section 24Verify source

§ 25ADMINISTRATION - 25. Forfeiture of scrap metalOffence

Section 25. Forfeiture of scrap metal Section 25(1) Subject subsection (3), an inspector may seize any scrap metal whose ownership is undetermined and shall within a period of fourteen days present it before a Court and if the Court is satisfied that the owner cannot be found, declare it forfeited to the State. Section 25(2) A Court may order that any scrap metal in respect of which an offence has been committed under this Act shall be forfeited to the State. Section 25(3) Where the Court intends to make an order of forfeiture, the inspector shall issue the notice prescribed in the Seventh Schedule to the person from whom the scrap metal was seized from. Section 25(4) An order for the forfeiture of scrap metal under subsection (1) or subsection (2) may be a conditional order, and upon a conditional order being made, the Court shall direct an inspector to advertise the order in the Gazette . Section 25(5)(a) the person has a lawful title to the scrap metal or part thereof in respect of which the conditional order of forfeiture has been made; or Section 25(5)(b) the personas not involved in the commission of the offence in respect of which such order was made,

Section 25Verify source

§ 26ADMINISTRATION - 26. Exports of scrap metalOffence

Persons are prohibited from exporting scrap metal, except that the Cabinet Secretary for finance may authorize specific exports; certificates are issued by the Principal Secretary; exemptions last six months; contraventions attract fines or imprisonment.

Section 26. Exports of scrap metal Section 26(1) A person shall not export scrap metal in any form. Section 26(2) Notwithstanding subsection (1), the Cabinet Secretary for matters relating to finance, in consultation with the Cabinet Secretary responsible for industrialization and with the recommendation of the Council, may, under such circumstances as may be prescribed, authorize the export of specific scrap metal for a specified period. Section 26(3) A certificate for each consignment shall be issued by the Principal Secretary. Section 26(4) Any exemption allowed under this section shall be valid for six months from the date of issue of the certificate of exemption. Section 26(5) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both.

Section 26Verify source

§ 27ADMINISTRATION - 27. Actions by agents or servantsOffence

A licensee is personally liable for offences committed or omitted by their agents or servants as if the licensee had committed the act; agents or servants who in the course of business commit such acts themselves commit an offence and are liable on conviction to the prescribed punishment.

Section 27. Actions by agents or servants Section 27(1) Where any act or thing is done or omitted to be done by an agent or servant employed by a licensee who, if done or omitted by such licensee would constitute an offence under this Act, such licensee shall be personally liable for such offence as if the act or omission was occasioned by the licensee. Section 27(2) Every agent or servant employed by a licensee who in the course of business does or omits to do anything which would under this Act constitute an offence if done or omitted by a licensee commits an offence and is liable on conviction to the punishment prescribed under this Act.

Section 27Verify source

§ 28ADMINISTRATION - 28. Offence committed by a company, cooperative society or other personOffence

If a company, cooperative society or other body commits an offence under this Act with the consent of or facilitated by neglect of its directors or officers, both those officers and the entity shall upon conviction be liable to the punishment prescribed under this Act.

Section 28. Offence committed by a company, cooperative society or other person Section Where an offence under this Act committed by a company, cooperative society or other body of persons, corporate or not corporate, is proved to have been committed with the consent of or to have been facilitated by the neglect of any director, Chairperson, manager, secretary or other officer of the company, co-operative society or other entity, the director, Chairperson, manager, secretary or other officer of the company as well as the company, cooperative society or other entity, shall upon conviction be liable to the punishment prescribed under this Act.

Section 28Verify source

§ 9ADMINISTRATION - 9. Restriction from dealing in scrap metalOffence

Persons must not deal in scrap metal unless they hold a licence issued by the Council and are members of the Scrap Metal Dealers Association; penalties apply for first and subsequent offences including fines and imprisonment.

Section 9. Restriction from dealing in scrap metal Section 9(1) A person shall not deal in scrap metal, unless that person has a licence issued by the Council and is a member of Scrap Metal Dealers Association. Section 9(2)(a) for a first offence to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or both; and Section 9(2)(b) for a second or subsequent offence to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding five years or both.

Section 9Verify source

Part IV

ENFORCEMENT

§ 29ENFORCEMENT - 29. Appointment of inspectorAmendment

The Cabinet Secretary must appoint and issue certificates to inspectors trained in metallurgy or a related field; inspectors have police powers and may, subject to the Director of Public Prosecutions, summon and examine witnesses and conduct prosecutions. The Cabinet Secretary may designate other public officers and may amend or withdraw appointments.

Section 29. Appointment of inspector Section 29(1) The Cabinet Secretary shall, for purposes of enforcing the provisions of this Act, appoint such number of inspectors with adequate training in metallurgy or a related field of study, as the Cabinet Secretary may consider appropriate and shall issue to such inspectors, certificates of authority to act as scrap metal inspectors. Section 29(2)(a) shall hold office subject to such terms and conditions as the Cabinet Secretary may determine; Section 29(2)(b) shall have police powers in the exercise of his or her duties under this Act; Section 29(2)(c) may subject to the direction of the Director of Public Prosecutions summon, examine witnesses under oath or affirmation and conduct prosecutions for offences committed under this Act. Section 29(3) The Cabinet Secretary may designate other public officers to be inspectors for purposes of this Act. Section 29(4) The Cabinet Secretary may amend or withdraw the appointment of inspectors under this section. Section 29(5) The appointment of inspectors under this section shall be by notice in the Gazette for a renewable period of three years.

Section 29Verify source

§ 30ENFORCEMENT - 30. Power of entryOffence

Inspectors have specified powers to inventory, detain scrap metal, arrest and detain suspects, and must produce appointment evidence; persons may refuse to answer incriminating questions; obstructing an inspector is an offence punishable by fine or imprisonment.

Section 30. Power of entry Section 30(1)(a) enter upon and inspect any place, premises or vehicle at, on or in which goods that are reasonably suspected of being stolen scrap metal or vandalized infrastructure are to be found and make a record as provided in the prescribed form; Section 30(1)(b) take the steps that may be reasonably necessary to terminate the deal or transaction on vandalized or stolen scrap metal at, on or in such place, premises or vehicle, and to prevent the recurrence of any such act in future: Section 30(1)(c) seize, detain, and, where applicable, remove for detention, all the scrap metal found at, on or in such place, premises or vehicle or other modes of conveyance; Section 30(1)(d) seize detain, and, where applicable, remove for detention, any tools which may be used in processing such scrap metal; Section 30(1)(e) question that person and take down a statement from that person; Section 30(1)(e)(i) question that person and take down a statement from that person; Section 30(1)(e)(ii) demand from that person any book, document, article, item or object which in any way may assist in identifying the location, source or destination of the scrap metal, or the identity and address of any person who may be involved in dealing as a supplier, miller, distributor, exporter or clearing and forwarding agent of the scrap metal. Section 30(2) Nothing in this section shall be construed as requiring a person to answer any question or give any information, if to do so might incriminate him or her. Section 30(3) The inspector shall make in duplicate and in the prescribed form, an inventory of all the scrap metal that has been detained and the inventory shall be signed by the inspector and licensee and each shall retain a copy. Section 30(4) An inspector may, with or without a warrant, arrest any person whom the inspector suspects upon reasonable grounds of having committed an offence under this Act and may search and detain such a person for a maximum of twenty four hours at the nearest Police Station. Section 30(5) Before acting under this section, an inspector shall, if required to do so, produce documentary evidence of his or her appointment. Section 30(6) Any person who obstructs or hinders an inspector in the exercise of the inspector's powers under this section, or who fails to furnish any information required by the inspector commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding one year or to both.

Section 30Verify source

Part V

MISCELLANEOUS

§ 31MISCELLANEOUS - 31. General penaltyOffence

If a person commits an offence under this Act for which no penalty is specifically provided, that person is liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Section 31. General penalty Section A person who commits an offence under this Act for which no penalty is specifically provided, is liable to a fine not exceeding two hundred thousand shillings or for a term not exceeding three months or to both.

Section 31Verify source

§ 32MISCELLANEOUS - 32. Power to make rulesProvision

Section 32. Power to make rules Section 32(1) The Cabinet Secretary may on the recommendation of the Council make rules for the better carrying out of this Act. Section 32(2)(a) prescribing the forms to be used under this Act; prescribing the fees to be charged under this Act; Section 32(2)(b) prescribing the manner and particulars of the signs and notice boards that are required to be displayed by licensees; Section 32(2)(c) prescribing the manner in which scrap metal forfeited under this Act shall be disposed of; and Section 32(2)(d) generally for the carrying out of any of the purposes of this Act.

Section 32Verify source

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Council make rules for the better carrying out of this Act
Section 32

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