County to enact law to punish town idlers

Nakuru, Kenya: Loitering in the county will be restricted to some places if a bill proposed by a Member of the Assembly becomes law.

The Nakuru County Nuisance Bill states that a person who loiters on any department property other than a street or in a residential property without lawful authority commits an offense.

A person guilty of the offense shall be liable to a fine not exceeding Sh1 million or an imprisonment term not exceeding three years or both.

The bill by nominated MCA Gillian Rotich also stipulates that a person who loiters in, or in an area adjoining a car park without lawful authority commits an offense and is also liable to a fine not exceeding Sh1 million.

However, residents have expressed fears that some of the proposals under the bill run contrary to the Constitution, which enshrines freedom of movement.

Smokers have also not been spared and have to brace themselves for hard times as the bill recommends that anyone who smokes in public apart from designated areas commits an offense and is liable to prosecution and a fine of Sh10,000 or a jail term of up to nine months or both.

Residents who have under their control or custody animals like reptiles, goats, sheep or pigs, which cause a nuisance or annoyance to any of the residents will also be deemed to have committed a crime and will be liable to a fine not exceeding Sh1 million or a three-months jail term.

Dogs faeces

The bill, which went through the Second Reading stage yesterday also recommends that a person who drives or permits to be driven in a vehicle loaded with materials spilling into the streets will be committing a crime.

Ms Rotich said the bill is aimed at ensuring order in the town is maintained; and not aimed at punishing residents.

Other controversial proposals include punishing of people who while being in charge of any dog allows it to foul on any foot path.

In the largely rural county, most residents keep dogs which roam freely but they will now have to ensure they do not pollute the environment.

Under the proposed bill, a person who flouts that requirement is also liable to a fine not exceeding Sh1 million or a three-month jail term.

Second time offenders will attract a heavier punishment as they will be liable to a fine not exceeding Sh2 million or imprisonment for a term not exceeding five years or both.

The proposed legislation has generated anger from some of the residents who claim they are draconian and interfere with their Constitutional rights.