VICTOR BWIRE: Vandalism Of Public Property Is Criminal And Violation Of Human Rights

By Victor Bwire

NAIROBI, Kenya, Jan 27- Vandalism including destruction and theft of property is greatly frustrating the government’s effort in improving the provision of services to citizens. It’s a violation of economic rights to Kenyans; a criminal enterprise that must be firmly dealt with both by the authorities and the community.

The people who vandalise public property for sale locally and internationally live with us; in the same vein people buying and funding looting, theft, and destruction of these public properties are known and live within us.

The most affected sectors of the country’s economy by vandalism are energy and roads.

While much has been mentioned following recent national backout and attempted charging of some officers under the prevention of terrorism Act 2012 and or economic sabotage, vandalism has been a major menace in the country, with monumental economic damage to the country and neighbouring countries.

According to KURA website, it is reported that in the last 3 months over 30 street poles worth Sh2.5 million have been mowed down and scathed away by vandals in Nairobi City County in an organized crime syndicate.

The most vandalized property recently are power lines and electricity transmission infrastructure, roads especially Langata, Ngong, Outer Ring, Eastern bypass roads, while the sectors that suffered before largely include telecommunication companies.

Then Government vehicles are next and streetlights. It’s very irritating to get things like road signs in people’s homes or houses and open businesses where clearly this is stolen property.

While the law is there and clear on such through the penal code;  the offence of malicious damage to property as defined under Section 339 (1) of the Penal Code; “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanor, and is liable, if no other punishment is provided, to imprisonment for five years.”

President Uhuru Kenyatta has announced a ban on scrap metal trade in the country as part of government efforts to end the rising cases of vandalism of key public installations.

At one time the government had announced a shoot kill order to deal with vandalism.

The President’s move was informed by increased vandalism of government infrastructure which he described as economic sabotage which falls under treasonable acts.

The Energy Cabinet Secretary has since announced that vandalism especially in the energy sector will be dealt with as a national security issue, for it’s a threat to national security. Such actions for example when they affect the supply of power to national installations pose serious challenges.

Energy is an enabler in the big four agenda and it’s at the core of delivery on the other sectors, so ownership must be taken.

The various players and energy public agencies must take responsibility- for like last week’s power issue, while Kenya Power and Lighting Company were being held responsible, largely Ketraco.

The Government is heavily investing either directly or through Public-Private Partnerships in infrastructure both as big four agenda and legacy projects, for the benefit of Kenyans with some projects extending to other countries in the region, and for criminals to continue vandalising such, with any recourse, its wrong and must be dealt with.

Public awareness and media involvement in-depth reporting of these criminals through cross-border stories, the money trail, and exposing these criminals is paramount, as people are made to understand the economic implications of vandalism, denial of social services to Kenyans and general culture of impunity.

We must firmly deal with it through intelligence investigation, multi-agency approach, and prosecution of perpetrators.

It is encouraging what the Government has immediately embarked on including ordering people to vacate property marked for safety of critical infrastructure, mobilising the Critical Infrastructure Protection unit in the police, and call to action from all to deal with the danger posed by vandalism.