Scrap metal trader denies handling stolen energy equipment

Sheila Mwaikwasi, who faces several counts under Section 169(1)(c) of the Energy Act No. 1 of 2019, told the court that the goods in question had been inspected and verified well before her arrest in January 2024.

She said she had provided investigators with delivery notes and sales agreements demonstrating that the consignments—some acquired in 2023 and delivered from Arusha the same year—came from licensed suppliers.

Mwaikwasi said her business model relies on bulk purchases, with items only released upon full payment. She also told the court that she holds a valid association licence for the 2025/2026 period.

Responding to questions about the nature of the seized equipment, she conceded that some items resembled materials typically used by Kenya Power and other energy entities.

However, she maintained that the goods were part of a legitimate bid and emphasised that scrap metal rarely bears identifying labels. She argued that ownership is established through paperwork, adding that no one had disputed the authenticity of the documents she presented.

Her testimony was corroborated by Ugandan supplier Kata Derrick, who described himself as a licensed scrap dealer operating in Uganda, Sudan and the Democratic Republic of Congo.

Derrick said he has supplied Mwaikwasi for the past five years and only releases copper and other materials once buyers have paid in full.

He explained that all exports to Kenya must be declared at the border and are subject to approval by the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority (KRA).

According to him, Mwaikwasi consistently produced the required documentation before any goods were allowed into the country. He added that his company also supplies several private firms across Kenya.

Prosecutors allege that on January 30, 2024, Mwaikwasi was found at Industrial Area, along Lunga Lunga Road in Embakasi South, in possession of 1,292 kilograms of high-voltage earthing copper and related components used in 132KV, 220KV and 400KV installations.

The materials, valued at Sh1.67 million, are alleged to belong to the Kenya Electricity Transmission Company (KETRACO).

She also faces additional charges relating to 330 kilograms of copper windings worth Sh429,000, said to be the property of the Kenya Power and Lighting Company (KPLC); 134 kilograms of earthing wires valued at Sh147,400, alleged to belong to the Kenya National Highways Authority (KeNHA); and 139 kilograms of copper bus bars and cables valued at Sh500,000, said to be owned by American Towers Corporation.