“It is our right to do business. It is our right to make sure that the people who bring scrap metals to us are fed. Scrap is a cash business. When you bring us the scraps we give you cash, this motivates them to go bring us more. So without this trade, how will they earn a living if not indulge in crime?” Former Embakasi East MP Mr Irshad Sumra, who is also the chairman of the Kenya Scrap Metal Association (KSMA) in 2013 defending his association after the then Nairobi Governor, Dr. Evans Kidero had banned the trade in scrap metals, a move that was later rescinded.
Noteworthy too, was the fact that the price of a kilogram of scrap metal had dropped from an average of Sh50 to around Sh25. This drop in price meant that for sellers to earn more, they had to deliver more in terms of weight of the scrap metal driving vandalism of public installations and infrastructure furniture including cables, electricity transformers, road barriers, signs and manhole covers to new heights.
Every one of us has witnessed or been a victim to this illegal vandalism that this scrap metal business furthers. Telkom Kenya in around the year 2014 unearthed a syndicate where their copper communication cables were vandalized and sold off to scrap metal dealers. Kenya Power, too are victims, they lose transformers and some 300,000 meters of cables every year to individuals suspected to be deep in the business.
Dr. Ben Chumo, the CEO of Kenya Power says the company lost 226 transformers in 2016 to vandalism resulting in Sh86 million worth of losses and 228 transformers that cost some Sh268 million the previous year. The company also moved in to address this vandalism by requiring that new transformer suppliers ensure their transformers have aluminum windings and not copper ones that are very attractive to vandalisms.
In 2011, the East African Community banned the sale of scrap automobile batteries, lead scarp, crude or semi refined lead. This ban was sadly not domesticated by Kenya as we continued to export the same. Later, the Scrap Metal Bill of 2014 sought to address some of the challenges in the sector. A scrap metal council was suggested to advice the minister of Industrialization who would be the council’s secretary on the challenges and way forward in the industry.
A penalty of Sh20 million and a prison sentence not exceeding one year for any dealer in possession of stolen scrap metals and a similar amount of fine and an imprisonment not exceeding seven years for anyone found vandalizing or with stolen scrap metals.
In 2015, Nairobi County accounted for 75% of pedestrian deaths in Kenya, of the 668 who perished, 497 were pedestrians leading to emphasis by both the national and county governments to erect footbridges and road barriers whose purpose is to funnel pedestrians to footbridges or designated crossing points. Despite these timely measures, vandals have destroyed the barriers. In a new measure, the barriers are fitted with razor wires on their tops to stop pedestrians from jumping over them.
Nairobi County Government has tried to woo corporates to use the road barriers as advertisement boards. Any corporate that foots the construction and erection of a barrier gets to advertise there for free. North Airport Road is a perfect example where the Kenya National Highway Authority that erected most of the barriers enjoys the advertisement rights there. Sadly, vandals keep uprooting them and one can only imagine the losses suffered by the advertisers.
Each panel of the barrier measures 2.28m in length and 1.8m in height with each costing around Sh56, 771. The barriers are erected on highways like Thika Highway, Mombasa Road, North Airport Road and Waiyaki way. Yet, a spot check reveals wanton destruction of the barriers and road signs. The vandals must have used metal cutters or grill cutters because of the way the grills were cut. What remains a mystery is how someone can do that along a major highway at whatever time without being spotted. And where would they sell the scrap metals without the buyers noticing that they’re from a highway? It only points to the collusion between the buyers, sellers and even some of the authorities.
Along Uhuru Highway near Nyayo Stadium, the hawkers are also guilty of destroying them because they want to cross the barriers along both Highways and sell their wares during peak hours. Its proximity to Nyayo Stadium has exposed the barriers to rowdy football fans and political demonstrators who use the stadium. In various instances, the crowds have disregarded traffic rules and vandalized the barriers when they are engaged by law enforcers in running battles.
The Thika Super Highway that cost taxpayers some Sh31 billion just like many Kenyan roads has suffered due to this vandalism. Road barriers and signs erected for the safety of motorists are subject to wanton vandalism. For the better part of 2016, the railway line overpass at General Motors, now Isuzu East Africa stayed without guardrails after they were vandalized. How that was achieved is everyone’s wonder given that it is a narrow bridge and the heavy metals needed at least electric hacksaw to cut off. The danger it poses to drivers is unimaginable, since any car that loses control there is likely to fall inside the very steep valley beneath and the effect is unimaginable. That authorities would be lenient with such vandals if known shows just how we value profit over lives.
The export and import trade of scrap metals.
The Basel Convention seeks to control the trans-boundary movement of hazardous wastes and guard nations against the dumping of such waste by other countries especially when they are not well equipped to handle them. Kenya as a country is not compliant to this convention and thus some of the scrap metals moving within our boundaries pose a huge health hazard especially the automobile battery fluids.
Turkey, South Korea, India, and China are some of the largest world importers of scrap metals that provide their industries with sufficient raw materials especially the railway, machine and automobile industries. In turn, the named countries keep their own industries sufficient with raw materials unlike in Kenya, where we export scrap metals yet our own industries need them. It is some scrupulous individuals who engage in this trade that the government should deal with.
In line with the Scrap Metal Council’s mandate was to handle this matter of exporting scrap metal. Amongst their recommendations was to stop the exportation of scrap metals in any form, no export of automobile battery, scrap lead, semi-recycled lead, crude lead or semi processed lead.
Immediately after the launch of the Standard Gauge Railway (SGR), several Kenyans were arraigned in court for vandalising the multi-billion rail road drawing the wrath of the President who suggested that such thieves should be hanged.
The Director of Public Prosecution, Mr. Keriako Tobiko threw weight on the matter saying thus any such vandals will face a 10year jail term and pay a Sh1 million fine. He also noted that if further evidence warrants, the vandals would be charged with appropriate capital offences. While talk from the senior citizens continues to be tough in public, the vice continues unabated and it is amazing that the Scrap Metal Act of 2015 is also not in operation.
Why would individuals be so daring to vandalize such major highways if there was no ready market and protection from the long arm of the law? It clearly points to the Kenyan mindset of getting rich irrespective of the means. Laws can be passed on paper but if the police cannot arrest the vandals some of whom operate on major cameras in areas with cctv then it means there is compromise somewhere.
With the government planning to erect at least ten more footbridges on the newly built Outer Ring Road, many hope they will not build substandard footbridges like the one around Isuzu East Africa along Mombasa Road that lack the fiber barriers to protect pedestrians when it rains and that authorities will enforce the licensing of scrap metal dealers and those in possession of vandalized road infrastructure can be sentenced and not just threatened.
While the government can only do much on its part, the pedestrians must also be responsible. Kenyans must use footbridges and cross roads at designated crossing points unlike many who disregard such basic traffic rules and only observe them when members of the National Transport AND Safety Authority (NTSA) or county askaris are present to enforce the rules. After all jaywalking is a traffic offence
