Presumption as to Records:

• Every entry required to be prepared or kept shall be deemed, unless the contrary is shown, to have been made with the authority of the respective licensee

Fourth Schedule:

• 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.
• The record shall contain the weight, dimensions and general description of the scrap metal.
• The licensee shall keep this record for a maximum of seven years.
• 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 license is revoked.

Fifth Schedule:

• Every licensee shall keep a register as Register by licensee prescribed in the Fifth Schedule, or in such other from as the Cabinet Secretary on the recommendation of the Council may approve and the register shall contain— (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
• 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

Entry Timelines:

• Every entry required to be made under subsection (l) 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.

Compliance: Any licensee, servant or agent who fails to comply with this section commits an offence and is liable on conviction-

• 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
• 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 license shall be revoked.