Transformer thieves risk up to 30 years jail in proposed law

Transformer vandals will be jailed for up to 30 years without the option of a fine if a proposed law that seeks to discourage theft of public utility assets is adopted.

The Critical Infrastructure Bill, sponsored by Interior secretary Joseph Nkaissery is an upgrade of the law enacted in 2012 that attracts a minimum fine of Sh5 million or a jail term of not less than 10 years for vandalism.

Vandals eye toxic oil that is drawn from the transformer and is allegedly used for frying food in roadside stalls while copper wire from the equipment is sold to fix motors and as scrap metal.

The Bill has brought together and amended various pieces of legislation on infrastructure under the ministries of Information, Energy and Transport.

It is set to be presented to the Attorney-General for review before being tabled and debated in the National Assembly.

“Any person who makes any conductor, transformer, insulator, tower and other works movable with intent to steal commits an offence and is liable to imprisonment not exceeding 30 years,” notes the Bill.

Kenya has even had some success fighting transformer vandalism. In 2013, 535 transformers were vandalised across the country, a stark drop from 898 in 2011, according to reports by Reuters quoting Kenya Power.

That drop was mainly linked to the 2012 law that imposed the minimum 10 year jail sentence on transformer vandals. Previously vandals were fined Sh5,000 or sent to prison for six months.
Kenya Power is also thinking about building transformers that do not use oil. Such transformers are not widely used and cost about half as much as ones that use oil.
In 2012, replacing transformers cost Kenya Power $4 million (Sh416 million.
The proposed law also seeks to have those who vandalise water and telecoms equipment jailed for five years or fined Sh10 million.
Motorists who destroy electricity poles, street lights and road or rail guards are set to start paying heavy penalties for the destruction if the proposed law is passed.
The Bill further proposes that the repairs for the damage to such facilities be included in insurance covers in what could put pressure on premiums.
This comes in the wake of increased destruction of infrastructure by motorists involved in accidents.
Road contractors will be expected to put in place utilities duct during construction to avoid multiple digging on the roadside by telecoms or electricity service providers.