Sand Dealers Now Face Sh4m Fine for Night Trips

Sand dealers now face fines of up to Sh4 million or a jail term of up to four years for transporting sand at night, as per the recently published Environmental Management and Coordination (Sand Harvesting) Regulations, 2024.

These new regulations have reduced the permissible transport time by two hours compared to previous guidelines, which allowed transportation until 8 pm.

Environment Cabinet Secretary Aden Duale, who published the regulations, said: “The permit holder shall transport sand only between the hours of 6.00 a.m. and 6.00 p.m. each day.”

Sand transporters will be required to obtain a permit from the National Environment Management Authority (NEMA).

“The Sand Harvesting Regulations, 2024 require that you obtain a sand transportation permit from NEMA,” NEMA said in a public notice on Tuesday.

“Therefore, all sand transporters are therefore required to immediately apply for a Permit to Transport Sand by logging into the NEMA website.”

The regulations also clarify that violations of these transportation hours will result in penalties under section 144 of the Environmental Management and Coordination Act (EMCA).

Fines range from Sh2 million to Sh4 million or up to four years’ imprisonment.

The updated rules mark a significant change from the National Sand Harvesting Guidelines of 2007, where transport was allowed until 8 pm, while the draft regulations of 2021 did not specify any transport hours.

The new regulations aim to promote sustainable sand harvesting practices amid concerns about environmental degradation due to uncontrolled sand mining, particularly in riverbeds, lakeshores, and other sensitive areas.

Kenya is experiencing a surge in sand mining driven by rapid urbanisation and growing demand for permanent housing, both in urban and rural areas. However, this rise in activity has strained ecosystems and prompted the need for stricter rules.

RELATED: Global Sand Shortage Creates New Breed of Mining ‘Mafia’

County governors will now be tasked with establishing Ward Sand Harvesting Committees to oversee local activities and ensure compliance.

These eight-member committees, consisting of representatives from local administration, NEMA, sand dealers, and civil society groups, will make recommendations to the County Environment Committee.

They will also play a role in setting minimum pricing guidelines for sand to ensure fair competition.

The new regulations also limit extraction depth to 1.5 metres, down from the previous 1.8 metres. In addition, county governors will set up eight-member committees to oversee sand harvesting activities, propose guidelines, and ensure compliance with the law.

Sand pricing will be regulated by the County Environment Committee. This comes as construction, already affected by costs, may see further price increases for sand.

An 18-tonne truckload of river sand now costs up to Sh38,000 depending on the location.

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