State mulls tough penalties for protestors destroying critical infrastructures

Protestors who damage or torch buildings in Nairobi and major towns could soon be thrown behind bars for 15 years or pay a fine of Sh15 million.

The proposals are contained in 'Critical Infrastructure Bill 2024' by the Ministry of Interior which has now invited members of the public and stakeholders to give their hand-delivered memoranda by October 22, 2024.

The Bill also seeks to expand protected areas which will be listed as critical installations and will be accorded continued security surveillance not only in the city but in other parts of the country.

At the moment some of the key installations that are protected include the parliament, State House, Army Barracks and airports among other state lodges.

The Bill proposes setting up a Committee with members drawn from key government organisations that will determine the assets and facilities that constitute critical infrastructure Assets.

At the same time and public or private entity may request the Committee to designate any assets or facilities

“The committee shall also assess the value of the services provided using the assets facilities and determine whether they are essential to the social and economic well-being of Kenyans,” the Bill reads in part.

These include services that will be rendered unavailable if the infrastructure will be vandalized or rendered unavailable.

The owners of Critical Infrastructure will among other requirements develop a plan and submit it to the Committee.

Other matters to be handled by the Committee include assessing and evaluating the security needs of the Critical Infrastructure and receiving intelligence concerning threats to such facilities.

They will also ensure that Critical Infrastructure assets are afforded protection against threats or use of force, terrorism, espionage vandalism and handling of stolen critical infrastructure assets components among others.

Each County government shall propose assets that meet the requirements to benefit Critical Infrastructure Assets and submit to the Committee information and maps of such places.

Meanwhile, the owners of such places will be required to propose and submit to the team that such assets meet the requirements for designation as Critical Infrastructure Assets.

Some of the listed offences include interfering with the management of the operation of the structures, vandalism, damages or any other way that may interfere with the structure. It will also be an offense to steal or server critical infrastructure, defacing or activities that interfere with, disable, obstruct, incapacitate or otherwise impair the operations of critical infrastructure.

Those targeted include those who will remove, deface or destroy any critical infrastructure or part thereof; wreck, derail, set fire to, or disable critical infrastructure;  

It will also be illegal to put up structures above critical infrastructure buried underground such as power cables, oil, gas and water pipelines, and communication cables.

Equally prohibited is dumping soil garbage and excavated materials such as soil adjacent to, above or below critical infrastructure that compromises the operation of the critical infrastructure and the safety of members of the public.

“Anny person who commits such an offence commits an offence and shall be liable to a fine of not more than fifteen (15) million shillings or to imprisonment for a term of not exceeding 15 years or to both,” part of the Bill reads.

It adds that, “Any person who attempts, threatens, conspires to do; aids or abets in the commission of; or incites members of the public to commit, any of the acts specified under section 34 commits an offence and shall be liable to a fine of not more than fifteen (15) million shillings or to imprisonment for a term of not exceeding fifteen years or to both,”

The views on the Bill containing the proposals will be channelled through the Office of Principal Secretary for Interior at Harambee House in Nairobi.