Criminals let to mess economy

By Mary Kamande

For years, Mr Francis Munyua Wakape has successfully worked as a large-scale farm manager in Kiambu, ensuring high yields from coffee farms.

But this year, he says his farm yields went down as they could not irrigate the crop as desired after the irrigation system was vandalised.

"In barely five months, we have incurred a loss of Sh6 million after our irrigation system was dismantled by thieves.

With the limitation, we could not irrigate coffee appropriately and the result was poor yields," says Wakape, adding that the loss to the country could be more, considering that he is not the only farmer affected by the vice.

Last year alone, Telkom Kenya incurred a loss of Sh146 million in costs related to vandalism. Public Relations Officer, Angela Mumo adds that by July this year, the company had incurred Sh78 million on vandalised items, hiring extra security and reinstalling stolen infrastructure.

Huge loss

The loss, she says, would be staggering if the losses to customers affected by interruptions caused by vandalism were to be factored in. 

She says at least 7,000 clients are affected when a single fixed line is interrupted. 

She classifies vandalism into two categories; one carried out by criminals who target copper wires to sell to scrap metal dealers and the other carried out by individuals or companies intent on sabotaging the firm’s operations. The latter, she says targets the fibre optic cables, which after being vandalised cease to have economic value.

"Unlike copper, the fibre optic cables cannot be put into other use," she says adding that those who cut these cables do it to beat competition maliciously.

Light fines

She says copper theft comprises 30 per cent of vandalism against the company but the percentage, she says is due to the fact that they have shifted from fixed lines to use fibre optic.

Besides the communication sector, Mumo says the energy sector has also been affected by the vice.

The Kenya Power company has been among those hit by vandals.

In September, police seized stolen Kenya Power electric conductors valued Sh30 million from a Thika factory.  

The materials, weighing more than 40 tons were found in a godown inside a company that smelts metals.

Late last year, Thika Water and Sewerage Services lost Sh6 million to vandals who stole manhole covers and other out door equipment. Four suspects were arrested in connection with the vandalism.

One of the suspects said he had been dealing in the trade in the past 15 years and sold the vandalised items to factories in Athi River. 

Though police say there have been efforts to fight the activity, Mumo says not enough is being done.

She says currently, the law contains loopholes that vandals escape through.

She says those convicted of the activity are given light fines, often below the real value of the destroyed infrastructure and the inconvenience it causes to the public.

Thika OCPD, Mr Paul Leting says it has been difficult as communities are not willing to volunteer information that would lead to the arrest of unscrupulous scrap metal dealers.

"As long as the public refuses to help fight the theft, there isn’t much we can do," he says. 

Considering the loss incurred in just Thika region in the recent past, Munyua feels that Kenya’s economy will continue being sabotaged as vandals cause loss to both Government and private property.

Economic snag

In addition to causing immediate monetary loss, Mumo says vandalism delays economic development, as companies have to keep on restoring destroyed infrastructure instead of venturing into undeveloped areas.

"It is retrogressive as instead of focusing on new frontiers, we have to keep on returning to previously developed areas to restore destroyed infrastructure," she says terming it as frustrating to companies and their clients.

She adds that constant breakdowns caused by vandalism paint a negative image of companies to the public. 

Law too lenient on thieves, rogue dealers

According the Scrap Metal Act, a person must be licenced to trade in scrap metal and must never buy or sell to a person below 18 years.

At the same time, whether the person acts or purports to act on his or another person’s behalf and is above the set age, he or she must produce identity, which a dealer must record.

Scrap dealers should only operate between 6.30am and 6.30pm. Any police officer above sub-inspector may at any time enter upon any premises if he has reasonable cause to believe an offence under the Act or any written law has been or is about to be committed.

He may inspect such premises and take any scrap metal, book, account, register, record, document or thing found within the premises and may require any person appearing to be in control or employed in the premises to give information to enable the police officer to determine whether or not the provisions of the Act or other written law have been complied with.

Such an officer may demand that the person allows him access to the facilities for inspection.

If necessary, the officer can break entry into such premises. But before acting, a police officer shall, if required to do so, produce documentary evidence of identity.

Any person who obstructs or hinders a police officer in the exercise of his powers under or who fails to furnish any information required of him shall be guilty of an offence.

Currently, any person who is guilty of an offence under the Act for which no special penalty (other than forfeiture of scrap metal) is provided by the Act is be liable to a fine not exceeding Sh1, 000 or to imprisonment for a term not exceeding six months, or to both.

The act requires scrap metal dealers to keep a record of all items and types of metal in their possession and retain identity details of persons who deliver scrap metal to their premises.

This is to enable police to trace people who vandalise property and sell the metal to dealers. Most dealers do not demand identity of scrap metal suppliers yet the law require that they give the information to police upon demand.

Amend law

Section 21 says a police officer may arrest without a warrant any person whom he suspects on reasonable grounds of having committed an offence punishable with imprisonment.

Section15 (1) prohibits dealers from dismantling any scrap metal that come into their possession or control by changing the form or shape within 15 days, or in the case of ferrous scrap metal seven days except with the written permission of a police officer.

An amendment bill proposed by Karachuonyo MP James Rege seeks to impose a fine of not less than Sh500,000 or imprisonment for a term not less than one year or both.

For a subsequent offence, one shall pay a fine of not less than Sh2 million or imprisonment of a term not less than two years or both.

With such weak laws and failure by police to regularly inspect dealers premises as they are empowered by law ensures that vandals and dealers get away with destroying key infrastructure affecting thousands of people.