1.
Short title
This Act may be cited as the Scrap Metal Act.

2.
Interpretation
(1) In this Act, except where the context otherwise requires—
“bale” means pack in drums or other containers or bind or hold together by cordage, metal straps, canvas roping or other means, whether similar to the foregoing or not;
“deal”, in relation to scrap metal, includes buy or otherwise acquire, and sell or otherwise dispose of, scrap metal in the way of trade or business, whether by way of barter, pledge or otherwise, and whether as principal or agent, but does not include a transaction relating to scrap metal which, by reason of the circumstance thereof, the parties thereto or the nature or quantity of the scrap metal involved therein, is an isolated transaction inconsistent with any form of dealing in scrap metal by way of trade or business;
“East African Territories” means Kenya, Uganda and Tanzania;
“licence” means a licence issued under section 7 of this Act;
“licensed dealer” means a person licensed to deal in scrap metal under this Act, whether or not he deals in other articles or has any other trade or business;
“licensing officer”means an officer appointed as such by or under section 5 of this Act;
“public authority” means an authority or undertaking, whether private or publicly owned, declared by the Minister by notice in the Gazette to be a public authority for the purposes of this Act;
“scrap metal” includes any old metal, second-hand metal, broken metal, defaced or old metal goods (including machinery and plant), whether wholly or partly manufactured, and any metal which is the property of any of the Governments of the East African Territories or of any service or department of the Community or of any public authority, whether ferrous, non-ferrous or ferro-alloyed, but does not include gold, silver or metals of the platinoid group;
“stolen property” means property the possession whereof has been transferred by theft, extortion, robbery, false pretence or fraud, and property which has been criminally misappropriated or in respect of which a criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without the Colony; but does not include such property which has subsequently come into the possession of a person legally entitled to the possession thereof.

(2) Every person in whose possession scrap metal is found apparently exposed for sale, or who has in his possession or under his control scrap metal in circumstances or in quantities which raise a reasonable presumption that he has such scrap metal in his possession or under his control for the purposes or with the intention of dealing therewith, shall be deemed, until the contrary is proved, to be dealing in scrap metal.
(3) For the purposes of this Act, scrap metal shall be deemed to be in the possession or under the control of a person if he knowingly places or keeps the scrap metal in the custody or care or another person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the scrap metal is placed or kept for his own use or benefit or for the use or benefit of another.
[L.N. 375/1963, r. 3, L.N. 473/1963, s. 2, Act No. 21 of 1966, First Sch.]

2.
Interpretation
(1) In this Act, except where the context otherwise requires—
“bale” means pack in drums or other containers or bind or hold together by cordage, metal straps, canvas roping or other means, whether similar to the foregoing or not;
“deal”, in relation to scrap metal, includes buy or otherwise acquire, and sell or otherwise dispose of, scrap metal in the way of trade or business, whether by way of barter, pledge or otherwise, and whether as principal or agent, but does not include a transaction relating to scrap metal which, by reason of the circumstance thereof, the parties thereto or the nature or quantity of the scrap metal involved therein, is an isolated transaction inconsistent with any form of dealing in scrap metal by way of trade or business;
“East African Territories” means Kenya, Uganda and Tanzania;
“licence”
deleted by Act No. 5 of 2007, s. 33;
“licensed dealer”
deleted by Act No. 5 of 2007, s. 33;
“licensing officer”
deleted by Act No. 5 of 2007, s. 33;
“public authority” means an authority or undertaking, whether private or publicly owned, declared by the Minister by notice in the Gazette to be a public authority for the purposes of this Act;
“scrap metal” includes any old metal, second-hand metal, broken metal, defaced or old metal goods (including machinery and plant), whether wholly or partly manufactured, and any metal which is the property of any of the Governments of the East African Territories or of any service or department of the Community or of any public authority, whether ferrous, non-ferrous or ferro-alloyed, but does not include gold, silver or metals of the platinoid group;
“stolen property” means property the possession whereof has been transferred by theft, extortion, robbery, false pretence or fraud, and property which has been criminally misappropriated or in respect of which a criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without the Colony; but does not include such property which has subsequently come into the possession of a person legally entitled to the possession thereof.

(2) Every person in whose possession scrap metal is found apparently exposed for sale, or who has in his possession or under his control scrap metal in circumstances or in quantities which raise a reasonable presumption that he has such scrap metal in his possession or under his control for the purposes or with the intention of dealing therewith, shall be deemed, until the contrary is proved, to be dealing in scrap metal.
(3) For the purposes of this Act, scrap metal shall be deemed to be in the possession or under the control of a person if he knowingly places or keeps the scrap metal in the custody or care or another person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the scrap metal is placed or kept for his own use or benefit or for the use or benefit of another.
[L.N. 375/1963, r. 3, L.N. 473/1963, s. 2, Act No. 21 of 1966, First Sch., Act No. 5 of 2007, s. 33.]

2A.
Registration of dealers
(1) Notwithstanding any other provision of this Act, the Minister may prescribe conditions for the registration and regulation of persons dealing in scrap metal.
(2) A person who breaches a condition prescribed under subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding five million shillings, or imprisonment for a term not exceeding five years, or to both.
[Act No. 57 of 2012, s. 53.]

3.
No person to deal in scrap metal unless licensed
(1) No person, except a person exempted under section 25 of this Act, shall deal or attempt to deal in any scrap metal unless he is a licensed dealer acting under and in accordance with the terms and conditions of a licence authorizing such dealing:
Provided that where an application for a licence has been made by any person in accordance with the provisions of this Act within twenty-eight days of the commencement thereof, this section shall not, in relation to any dealing which takes place while such application is under consideration by a licensing officer or while an appeal against a refusal of a licence is pending, apply to such person.
(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction for a first offence to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and on conviction for a second or subsequent offence to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

3.
Repealed by Act No. 5 of 2007, s. 34.

4.
General and local licenses
Licences issued under this Act shall be valid in respect of dealings in scrap metal in the Region or the Nairobi Area, as the case may be, in which they are issued.
[L.N. 375/1963.]

4.
Repealed by Act No. 5 of 2007, s. 35.

5.
Licensing Officer
For the purposes of this Act the licensing officer—
(a) for the Nairobi Area shall be the Commissioner of Police or such officer as the Commissioner of Police may by notice in the Gazette appoint;
(b) for a Province shall be the police officer having charge of the Province to which the application for the licence relates or such other officer as the Commissioner of Police may by notice in the Gazette appoint.
[L.N. 375/1963, L.N. 303/1964, Act No. 21 of 1966, Sch.]

5.
Repealed by Act No. 5 of 2007, s. 36.

6.
Mode of application for licences
(1) An application for the grant or renewal of a licence under the provisions of this Act shall be made to the appropriate licensing officer.
(2) Such application shall be made in triplicate on the prescribed form, and shall specify the premises at which the applicant desires to deal in scrap metal and shall be accompanied by the prescribed fee.

6.
Repealed by Act No. 5 of 2007, s. 37.

7.
Issue of licences
(1) The licensing officer shall consider every application for a licence and every application for a renewal of a licence made under the provisions of this Act, and may, in his discretion, grant or refuse any such application.
(2) Without prejudice to the generality of the provisions of sub-section (1) of this section, the licensing officer may refuse any application for the grant or renewal of a licence—
(a) if the applicant has been convicted of any offence under the provisions of this Act at any time during the three years immediately preceding the date of the application; or
(b) if the applicant has been convicted of any offence involving fraud or dishonesty at any time during the five years immediately preceding the date of the application, and has been sentenced therefor to imprisonment for a term of six months or more, and has not received a pardon: or
(c) if the applicant is an undischarged bankrupt or a company in liquidation; or
(d) if the applicant's premises are, in the opinion of the licensing officer, unsuitable for dealing in scrap metal.

(3) Where a licensing officer refuses to issue or renew a licence the applicant may appeal to the Minister whose decision shall be final.
[L.N. 375/1963, Act No. 21 of 1966, Sch.]

7.
Repealed by Act No. 5 of 2007, s. 38.

8.
Licences and renewals
Every licence granted or renewed under the provisions of section 7 of this Act shall—
(a) be issued in the prescribed form; and
(b) expire on the 31st day of December next following the date upon which it is granted or renewed, as the case may be; and
(c) specify the person licensed as principal or agent to deal in scrap metal; and
(d) specify the situation of all the premises at which the licensee is authorized to deal in scrap metal; and
(e) be subject to such conditions as the licensing officer deems expedient,
and may specify any particular scrap metal in which the licensee may or may not deal.
[Act No. 44 of 1962, Sch.]

8.
Repealed by Act No. 5 of 2007, s. 39.

9.
Licences not transferable
(1) A licence shall not be transferable except with the consent of a licensing officer and shall authorize dealing only at the premises specified therein, but the licensing officer may, on the application of a licensed dealer and upon payment of the prescribed fee, vary a licence by substituting for the premises specified therein other premises owned or occupied by the said licensed dealer, and thereupon all the provisions of this Act shall apply to such other premises in lieu of the premises originally specified in the licence.
(2) Any licensed dealer who transfers or purports to transfer his licence to another person without the consent of a licensing officer shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings.

9.
Repealed by Act No. 5 of 2007, s. 40.

10.
Notice board to be erected by licensed dealer
(1) Every licensed dealer shall display conspicuously upon the premises specified, in such situation and manner as shall be prescribed, a notice board bearing his full name and the legend “Licensed Scrap Metal Dealer” and such other writing as shall be prescribed, and the writing on the said notice board shall be of such size as shall be prescribed.
(2) If a licensed dealer fails to comply with the requirements of this section he shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings.

10.
Notice board to be erected by dealer
(1) Every dealer shall display conspicuously upon the premises specified, in such situation and manner as shall be prescribed, a notice board bearing his full name and the legend “Scrap Metal Dealer” and such other writing as shall be prescribed, and the writing on the said notice board shall be of such size as shall be prescribed.
(2) If a dealer fails to comply with the requirements of this section he shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings.
[Act No. 5 of 2007, s. 41.]

11.
Registers to be prepared by licensed dealers
(1) Every licensed dealer shall, within one month of the grant of his licence, correctly prepare in duplicate a detailed register in the prescribed form, or in such other form as a licensing officer may in any particular case approve, legibly written in English or in a language approved by the licensing officer, of each variety of scrap metal, with the weight or dimensions and general description of each of the items, which was at the date of the grant of the licence in his possession or under his control; the duplicate copy of such register shall be signed by the dealer and shall be forwarded to the licensing officer within the said period of one month.
(2) Any licensed dealer who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding two thousand shillings and, where such offence continues after conviction therefore, to a fine not exceeding one hundred shillings for each day on which such offence continues.

11.
Registers to be prepared by dealers
(1) Every dealer shall, within one month of the grant of his licence, correctly prepare in duplicate a detailed register in the prescribed form, or in such other form as a licensing officer may in any particular case approve, legibly written in English or in a language approved by the licensing officer, of each variety of scrap metal, with the weight or dimensions and general description of each of the items, which was at the date of the grant of the licence in his possession or under his control; the duplicate copy of such register shall be signed by the dealer and shall be forwarded to the licensing officer within the said period of one month.
(2) Any dealer who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding two thousand shillings and, where such offence continues after conviction therefore, to a fine not exceeding one hundred shillings for each day on which such offence continues.
[Act No. 5 of 2007, s. 42.]

12.
Record to be kept by licensed dealer
(1) Every licensed dealer shall keep a record in the prescribed form, or in such other form as a licensing officer may in any particular case approve, and shall correctly and legibly enter therein in English or in a language approved by the licensing officer—
(a) a detailed account of each variety of scrap metal, with the weight or dimensions and general description of the items which from time to time come into his possession or under his control, stating in respect of each item the name of the person (being the licensed dealer or his servant or agent) who purchased, acquired or received the same, and the date and time of, and the consideration for, the transaction, and the name, postal address and occupation of the person from whom he purchased, acquired or received the same; and
(b) a detailed account of each variety of scrap metal, with the weight or dimensions and a general description of the items which he from time to time sells or disposes of or which otherwise ceases to be in his possession or under his control, showing in respect of each item the date and time of the transaction and the name, postal address and occupation or other adequate means of identification of the person to whom he sold or disposed or parted with possession or control of same.

(2) Every entry required to be made under subsection (1) of this section shall be made within twenty-four hours of the time when the transaction took place, and the licensed dealer shall require every party to such transaction to sign or affix his left thumb-print to such entry, and such party shall so sign or affix his left thumb-print.
(3) Any licensed dealer or other party who fails to comply with any of the requirements of subsections (1) and (2) of this section shall be guilty of an offence and shall be liable, on conviction for a first offence to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and on conviction for a second or subsequent offence to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

12.
Record to be kept by dealer
(1) Every dealer shall keep a record in the prescribed form, or in such other form as a licensing officer may in any particular case approve, and shall correctly and legibly enter therein in English or in a language approved by the licensing officer—
(a) a detailed account of each variety of scrap metal, with the weight or dimensions and general description of the items which from time to time come into his possession or under his control, stating in respect of each item the name of the person (being the dealer or his servant or agent) who purchased, acquired or received the same, and the date and time of, and the consideration for, the transaction, and the name, postal address and occupation of the person from whom he purchased, acquired or received the same; and
(b) a detailed account of each variety of scrap metal, with the weight or dimensions and a general description of the items which he from time to time sells or disposes of or which otherwise ceases to be in his possession or under his control, showing in respect of each item the date and time of the transaction and the name, postal address and occupation or other adequate means of identification of the person to whom he sold or disposed or parted with possession or control of same.

(2) Every entry required to be made under subsection (1) of this section shall be made within twenty-four hours of the time when the transaction took place, and the dealer shall require every party to such transaction to sign or affix his left thumb-print to such entry, and such party shall so sign or affix his left thumb-print.
(3) Any dealer or other party who fails to comply with any of the requirements of subsections (1) and (2) of this section shall be guilty of an offence and shall be liable, on conviction for a first offence to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and on conviction for a second or subsequent offence to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
[Act No. 5 of 2007, s. 43.]

13.
Presumption as to entries in register or record
Every entry in a register or record required to be prepared or kept under the provisions of section 11 or section 12 of this Act shall be deemed, unless the contrary be shown, to have been made by or with the authority of the licensed dealer responsible for the preparation or maintenance of such register or record.

13.
Presumption as to entries in register or record
Every entry in a register or record required to be prepared or kept under the provisions of section 11 or section 12 of this Act shall be deemed, unless the contrary be shown, to have been made by or with the authority of the dealer responsible for the preparation or maintenance of such register or record.
[Act No. 5 of 2007, s. 44.]

14.
Restriction on dealing in scrap metal by licensed dealer
(1) No licensed dealer shall deal in any 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; nor
(b) with any person apparently under the age of eighteen years, whether that person is acting or purporting to act on his own behalf or on behalf of any other person; nor
(c) with any person who does not satisfy such licensed dealer as to his identity.

(2) No licensed dealer shall store or deal in any scrap metal elsewhere than at the premises specified in his licence:
Provided that a licensed dealer may, with the written permission of a licensing officer, store scrap metal on particular premises, being premises other than those specified in the licence.
(3) Any licensed dealer who contravenes any of the provisions of this section shall be guilty of an offence.

14.
Restriction on dealing in scrap metal by dealer
(1) No dealer shall deal in any 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; nor
(b) with any person apparently under the age of eighteen years, whether that person is acting or purporting to act on his own behalf or on behalf of any other person; nor
(c) with any person who does not satisfy such dealer as to his identity.

(2) No dealer shall store or deal in any scrap metal elsewhere than at the premises specified in his licence:
Provided that a dealer may, with the written permission of a licensing officer, store scrap metal on particular premises, being premises other than those specified in the licence.
(3) Any dealer who contravenes any of the provisions of this section shall be guilty of an offence.
[Act No. 5 of 2007, s. 45.]

15.
Restriction on disposing or changing shape or form of scrap
metal
(1) No licensed dealer shall part with the possession or control of, disfigure or in any way change the form or shape of, or bale any scrap metal within fifteen days, or in the case of ferrous scrap metal seven days, of acquiring the possession or control of the scrap metal except with the written permission of a police officer not below the rank of Assistant Superintendent.
(2) Any licensed dealer who contravenes the provisions of this section shall be guilty of an offence against this Act.
[L.N. 375/1963, r. 7.]

15.
Restriction on disposing or changing shape or form of scrap
metal
(1) No dealer shall part with the possession or control of, disfigure or in any way change the form or shape of, or bale any scrap metal within fifteen days, or in the case of ferrous scrap metal seven days, of acquiring the possession or control of the scrap metal except with the written permission of a police officer not below the rank of Assistant Superintendent.
(2) Any dealer who contravenes the provisions of this section shall be guilty of an offence against this Act.
[L.N. 375/1963, r. 7, Act No. 5 of 2007, s. 46.]

16.
Information regarding property stolen or lost
(1) Where a description of any stolen property or any property which has been lost has been given by a police officer to a licensed dealer, and any property answering to such description is in the possession or under the control of the licensed dealer or thereafter comes into his possession or under his control or is thereafter offered or shown to the licensed dealer, he shall forthwith give information to that effect at the nearest police station or to a police officer, with the name and postal address of the person from whom he acquired such property, and such other relevant information as is known to him.
(2) Any licensed dealer who fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence.

16.
Information regarding property stolen or lost
(1) Where a description of any stolen property or any property which has been lost has been given by a police officer to a dealer, and any property answering to such description is in the possession or under the control of the dealer or thereafter comes into his possession or under his control or is thereafter offered or shown to the dealer, he shall forthwith give information to that effect at the nearest police station or to a police officer, with the name and postal address of the person from whom he acquired such property, and such other relevant information as is known to him.
(2) Any dealer who fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence.
[Act No. 5 of 2007, s. 47.]

17.
Power of entry
(1) Any police officer not below the rank of Inspector Grade II or the appropriate licensing officer may at any time enter upon any premises in respect of which a licence has been issued under this Act, or in or in respect of which he has reasonable cause to believe an offence against this Act or against any rules made thereunder has been or is about to be committed, and may inspect such premises and any scrap metal, book, account, register, record, document or thing found therein, and may require any person appearing to be in control thereof or employed therein or who has been employed therein within the last preceding three months to give such information as will enable the police officer or licensing officer to determine whether or not the provisions of this Act are being or have been complied with.
(2) Any such police officer acting under this section may demand that the person residing or being in the premises shall allow him full ingress thereto and afford him all reasonable facilities for inspection, and if after notification of his authority and purpose ingress cannot without unreasonable delay be so obtained the officer, if he has reasonable cause to believe that the delay would be likely to imperil the efficacy of the inspection, may without warrant enter such premises and inspect the same and anything found therein, and, if necessary in order to effect such entry, break open any outer or inner door or window or other part of such premises.
(3) Before acting under this section, a police officer (unless he is in uniform) or the appropriate licensing officer shall, if required to do so, produce documentary evidence of his appointment.
(4) Any person who obstructs or hinders a police officer or licensing officer in the exercise of his powers under this section, or who fails to furnish any information required of him under this section, shall be guilty of an offence.
[Act No. 15 of 1961, Sch., L.N. 375/1963.]

17.
Power of entry
(1) Any Police Officer not below the rank of Sub-Inspector may at any time enter upon any premises in respect of which he has reasonable cause to believe an offence under this Act or under any rules made thereunder or under any written law has been or is about to be committed, and may inspect such premises and any scrap metal, book, account, register, record, document or thing found therein and may require any person appearing to be in control thereof or employed therein or who has been employed therein within the last preceding months to give such information as will enable the police officer to determine whether or not the provisions of this Act or of any regulations made thereunder or of any written law are being or have been complied with.
(2) Any such police officer acting under this section may demand that the person residing or being in the premises shall allow him full ingress thereto and afford him all reasonable facilities for inspection, and if after notification of his authority and purpose ingress cannot without unreasonable delay be so obtained the officer, if he has reasonable cause to believe that the delay would be likely to imperil the efficacy of the inspection, may without warrant enter such premises and inspect the same and anything found therein, and, if necessary in order to effect such entry, break open any outer or inner door or window or other part of such premises.
(3) Before acting under this section, a police officer (unless he is in uniform) or the appropriate licensing officer shall, if required to do so, produce documentary evidence of his appointment.
(4) Any person who obstructs or hinders a police officer in the exercise of his powers under this section, or who fails to furnish any information required of him under this section, shall be guilty of an offence.
[Act No. 15 of 1961, Sch., L.N. 375/1963, Act No. 5 of 2007, s. 48.]

18.
Forfeiture of scrap metal
(1) Subject to the provisions of subsections (3) and (4) of this section, a magistrate may order that any scrap metal in respect of which an offence under this Act has been committed shall be forfeited.
(2) Any scrap metal found without an apparent owner may be seized by a police officer or a licensing officer and shall as soon as possible be taken before a magistrate, who, if satisfied that the owner cannot be found, shall declare it to be forfeited.
(3) An order for the forfeiture of scrap metal under the provisions of subsection (1) or (2) of this section may be a conditional order, and upon a conditional order being made the magistrate shall direct a police officer to advertise the order in one issue of the Gazette.
(4) If, within three months from the date of the Gazette in which an advertisement issued under the provisions of subsection (3) of this section appears, any person proves to the satisfaction of a magistrate that he has a lawful title to the scrap metal in respect of which the conditional order of forfeiture has been made, or any part thereof, and that he was not concerned in the offence (if any) in respect of which such order was made, the Magistrate may order the said scrap metal, or such part as the magistrate considers just, to be delivered to that person subject to the prior payment of any such sum as the Magistrate may direct to be paid in reimbursement of the expenses incurred in recovering, transporting and storing such scrap metal and in publishing such advertisement as aforesaid; in default of such an order for delivery as aforesaid, the conditional order for forfeiture shall become absolute upon the expiration of the said period of three months.
(5) The provisions of this section shall have effect notwithstanding the provisions of section 33 of the Police Act (No. 70 of 1948).
[L.N. 375/1963, r. 9, r. 10, L.N. 303/1964, Sch.]

19.
Cancellation of licence
(1) When any licensed dealer is convicted of an offence under this Act or of an offence involving fraud or dishonesty or stolen property, his licence shall, unless the court for special reasons thinks fit to order otherwise, be cancelled forthwith, and the court may order that no licence shall be granted to him for such period as it shall think fit.
(2) Any person whose licence has been cancelled by a magistrate may, notwithstanding the provisions of section 348 of the Criminal Procedure Code (Cap. 27), appeal to the Supreme Court.
(3) The appropriate licensing officer may cancel the licence of a licensed dealer—
(a) if the licensed dealer becomes bankrupt, or, being a company, goes into liquidation; or
(b) if the premises of the licensed dealer become, in the opinion of the licensing officer, unsuitable for dealing in scrap metal; or
(c) if the licence or renewal was obtained by fraud or misrepresentation or non-disclosure of any material fact.

(4) Any person whose licence has been cancelled by a licensing officer may appeal to the Minister whose decision shall be final.
[L.N. 375/1963, Act No. 21 of 1966, First Sch.]

19.
Repealed by Act No. 5 of 2007, s. 49.
[L.N. 375/1963, Act No. 21 of 1966, First Sch., Act No. 5 of 2007, s. 49.]

20.
Burden of proof on accused
In any proceedings under this Act the burden of proof that any transaction is an isolated transaction inconsistent with any form of dealing in scrap metal by way of trade or business shall lie on the accused person.

21.
Police may arrest without warrant for offences under this
Act
A police officer may arrest without a warrant any person whom he suspects on reasonable grounds of having committed an offence punishable with imprisonment under this Act.

22.
Exports and imports
(1) Deleted by L.N. 375/1963, r. 13.

(2) No person shall export any scrap metal unless he has given to the police officer in charge of the police station nearest to the premises in which the scrap metal is stored immediately before its being despatched for export not less than seventy-two hours' notice in writing of his intention to export the scrap metal, specifying in such notice the premises and time at which the scrap metal may be inspected.
(3) Any person who contravenes the provisions of this section shall be guilty of an offence.
[L.N. 375/1963, r. 13.]

22.
Repealed by Act No. 5 of 2007, s. 50.
[L.N. 375/1963, r. 13, Act No. 5 of 2007, s. 50.]

23.
Liability of dealer and servant for acts of servant
(1) Where any act or thing is done or omitted to be done by any agent or servant employed by a licensed dealer which, if done or omitted to be done by such licensed dealer himself would constitute an offence under any of the provisions of this Act, such licensed dealer shall be liable for such offence as if the act thing had been done or omitted to be done by him.
(2) Every agent or servant employed by a licensed dealer in the course of his business as such who does or omits to do anything which would, under the provisions of this Act, be an offence if done or omitted to be done by the licensed dealer, shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed therefor.

23.
Liability of dealer and servant for acts of servant
(1) Where any act or thing is done or omitted to be done by any agent or servant employed by a dealer which, if done or omitted to be done by such dealer himself would constitute an offence under any of the provisions of this Act, such dealer shall be liable for such offence as if the act thing had been done or omitted to be done by him.
(2) Every agent or servant employed by a dealer in the course of his business as such who does or omits to do anything which would, under the provisions of this Act, be an offence if done or omitted to be done by the dealer, shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed therefor.
[Act No. 5 of 2007, s. 51.]

24.
Liability of officer of corporate bodies, etc.
Where an offence under this Act committed by a company, co-operative society or other body of persons, corporate or unincorporate, is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons as aforesaid, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

25.
Exemptions
(1) The Minister may by order—
(a) exempt from all or any of the provisions of this Act any particular person or class of persons or the persons carrying on any particular trade or business or class of trade or business;
(b) exclude from the application of all or any of the provisions of this Act any particular scrap metal or class or description of scrap metal or any dealing or class of dealing.

(2) An order made under this section may be limited in time, area or extent, or may be made subject to conditions, and may be varied, limited, extended or rescinded by a subsequent order.
[L.N. 375/1963, r. 14, Act No. 21 of 1966, First Sch.]

26.
Power for licensing officer to exempt
A licensing officer may exempt a licensed dealer from compliance with any or all of the provisions of this Act in respect of any particular transaction.
[L.N. 375/1963, r. 12.]

26.
Repealed by Act No. 5 of 2007, s. 52.
[L.N. 375/1963, r. 12, Act No. 5 of 2007, s. 52.]

27.
Penalty
Any person who is guilty of an offence against this Act for which no special penalty (other than forfeiture of scrap metal or cancellation of licence) is provided by this Act shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

27.
Penalty
Any person who is guilty of an offence against this Act for which no special penalty (other than forfeiture of scrap metal) is provided by this Act shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
[Act No. 5 of 2007, s. 53.]

28.
Power to make rules
The Minister may make rules—
(a) prescribing the forms to be used under this Act;
(b) prescribing the fees to be charged for licences, and for renewals, variations and duplicates thereof;
(c) deleted by L.N. 375/1963, r. 16;

(d) prescribing the forms of any register or record required to be kept by a licensed dealer and any particulars which are required to be entered therein;
(e) prescribing the situation and manner in which a notice board shall be displayed by a licensed dealer upon the premises specified in his licence, the writing which it shall bear and the size of the writing thereon;
(f) prescribing the manner in which scrap metal forfeited under this Act shall be disposed of;
(g) generally for carrying any of the purposes or provisions of this Act into effect.
[L.N. 375/1963, r. 16.]


28.
Power to make rules
The Minister may make rules—
(a) prescribing the forms to be used under this Act;
(b) deleted by Act No. 5 of 2007, s. 54;

(c) deleted by L.N. 375/1963, r. 16;

(d) prescribing the forms of any register or record required to be kept by a dealer and any particulars which are required to be entered therein;
(e) prescribing the situation and manner in which a notice board shall be displayed by a dealer upon the premises specified in his licence, the writing which it shall bear and the size of the writing thereon;
(f) prescribing the manner in which scrap metal forfeited under this Act shall be disposed of;
(g) generally for carrying any of the purposes or provisions of this Act into effect.
[L.N. 375/1963, r. 16, Act No. 5 of 2007, s. 54.]