Vandals who interfere with or encroach critical infrastructure risk up to Sh10 million fines or 10 years in jail if a proposed law is approved by Parliament.
The fines are contained in the Protection of Critical Infrastructure Bill, 2024 that has been tabled in the Senate for debate by Trans Nzoia Senator Allan Chesang.
Kenya is grappling with growing cases of vandalism of the electricity transmission network, railways, pipeline, and water systems besides people building structures above some of this infrastructure which is laid underground.
Vandalism, especially of the electricity network, has led to nationwide power outages while Kenya Pipeline Company and private oil marketers have also lost fuel due to break-ins into the pipeline network.
Additionally, Safaricom has said that interference on fibre cables is a major cause of internet and telephony disruptions.
“A person who wilfully, negligently or without authorisation interferes with the management or operation of critical infrastructure, or vandalizes, damages……commits an offence and is liable on conviction to a fine of not more than ten million shillings or to imprisonment for a term of not more than ten years or to both and in addition, the court shall order for the convicted person to repair the damage occasioned to the critical infrastructure asset,” reads the Bill.
The Bill describes critical infrastructure as that which is essential for the provision of services to the public or functioning of the government or enterprises in the country and includes security installation, transport network, communication network, and water systems.
Entities such as Kenya Power, KPC and Kenya Railways Corporation, Safaricom among others continue to incur huge losses in repairing vandalised systems.
For example, Kenya Power said that it lost 519 transformers valued at Sh74 million to vandals from May 2022 and end of last year. KRC had in 2028 disclosed that vandalism cost the agency some Sh1.2 billion.
This is the latest push to try and keep criminals from the country’s critical infrastructure after an unsuccessful move to amend the Scrap Metal Act of 2015 and double the fine for vandalism to Sh20 million, two years ago.
There have also been plans to set up a crack police unit to protect the critical infrastructure, highlighting the grave nature of crimes committed by rogue businesses and criminals who tamper with these systems.
Adoption of the Bill will see the country make good its intentions of securing the critical infrastructure by way of imposing hefty fines.
The proposed law also says that persons found guilty of vandalising critical infrastructure will be forced to incur the costs of repairing the systems.
