S/No.

Offence

Fine

(First offence)

Fine

(Second offence)

1.        

9) Without licence issued by the Council and is not a member of Scrap Metal Dealers Association.

not exceeding ten million shillings or to imprisonment for a term not exceeding three years or both

Not exceeding twenty million shillings or to imprisonment for a term not exceeding five years or both.

2.       

13. (1) Licence not transferable

-         except with the consent of the Cabinet Secretary on the advice of the Council and shall authorize dealing at the specified premises.

Not exceeding three million shillings.

3.       

16 (1) Display of signboard.

every signboard shall-

a)     bear the full name of the licensee:

b)     bear the words "LICENSED SCRAP DEALER" in capital letters

c)      be in English or Kiswahili.

not exceeding two million shillings.

4.       

17. (1) Record by licensee.

The record shall contain the weight, dimensions and general description of the scrap metal.

Not exceeding two million shillings

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 license is revoked.

5.       

18. (1) Register by licensee

Keep a register as prescribed in the Fifth Schedule

not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both

Not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both and such license shall be revoked.

6.       

20 (1) Restriction on licensees

A licensee shall not deal in scrap metal -

a)     except between the hours of half-past six o'clock in the morning and half-past six o'clock in the evening;

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

c)      with any person who does not satisfy the licensee as to his or her identity.

d)     A licensee shall not store or deal in any scrap metal elsewhere other than at the specified premises

Not exceeding one million shillings

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 license is revoked.

7.       

21. (1) Disposing or changing the form of scrap metal

A licensee shall not-

a)     dispose of;

b)     disfigure or in any way change the form or shape of; or

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.

Not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.

8.      

22. (1) Information regarding stolen or lost property

Where a description of any lost or stolen property has been given by an inspector to a licensee. The licensee shall supply the following information-

a)     name;

b)     identity number;

c)      telephone number; and

d)     address of the person from whom he or she acquired or saw such property.

Not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

9.       

23. (1) Scrap metal of unknown origin

Not exceeding twenty million shillings or to imprisonment for a term not exceeding seven years or to both.

10.   

24. Destruction of infrastructure.

A person shall not remove, deface or destroy any scrap metal from any government infrastructure project.

Not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both.

11.    

31. General penalty (Miscellaneous)

A person who commits an offence under this Act for which no penalty is specifically provided

not exceeding two hundred thousand shillings or for a term not exceeding three months or to both.