Parliament wants the moratorium on scrap metal dealings lifted until regulations currently being developed by the Ministry of Trade are considered by the House and other stakeholders.
The National Assembly has warned the Ministry of Trade against formulating scrap metal regulations without involving key stakeholders and Parliament, saying the move would amount to an illegality.
Ms Ruth Mwaniki, the vice-chairperson of the National Assembly Trade committee, told the House that the team had already met the ministry on the regulations, which would be ready in two weeks’ time.
“The ministry is in the process of making rules that will, among others, ensure traceability of the scrap metals acquired by the small players. The guidelines to help operationalise the Act are ready and will be shared with the sector today... then they are tabled in Parliament in two weeks’ time,” Ms Mwaniki said.
However, Speaker of the National Assembly Justin Muturi described the moratorium as being strange to the constitutional order since there was already a law passed by Parliament governing the scrap metal trade.
“This House passed laws in 2015 which provides a mechanism to regulate and register people who trade in scrap metals. It is not possible to impose a moratorium on an Act of Parliament except through the judicial processes,” Mr Muturi said.
“The ministry should come with the regulations but they must involve the House and the public. They can’t go the moratorium way because it is strange to the constitutional order of this country,” he added.
The Scrap Metal Act was enacted in 2015 but is yet to take effect due to the absence of regulations to govern the trade, leading to vandalism of infrastructure projects worth billions of shillings.
Nominated MP David Sankok said the moratorium is illegal since the ministry is yet to develop regulations on scrap metal trade and Parliament has also not considered them as required by law.
“We should term the moratorium as roadside declarations that have no force of law,” he said.
Dagoretti South MP John Kiarie has requested a statement from the Trade ministry regarding the moratorium.
Mr Kiarie said the ban has disenfranchised traders in the sector, including genuine businesses such as local recyclers who not only create employment but also conserve the environment.
“It is tragic and disheartening to see the government imposing a ban on scrap metal instead of regulating scrap metal using the existing regulations passed by Parliament,” Mr Kiarie said.
In his statement, Mr Kiarie wants the ministry to provide a list of all licensed scrap metal traders, and names of directors.
The lawmakers also want to know whether there are plans to review all licences of scrap metal importers and exporters and whether the ministry is also considering lifting the ban, especially for the local recyclers.
The Kenya Union of Scrap Metal Dealers has also requested the government to lift the ban for at least a month as regulations are put in place.
