Taveta court seizes lorry, 8,000 litres of smuggled ethanol in Sh5m tax evasion case
The truck drivers were arrested following the interception of their truck after crossing into Kenya at Kibanda Hasara border post at 2 am in November 2022
A Taveta court has ordered the forfeiture of a seven-ton lorry and 8,000 litres of smuggled ethanol, worth Sh5 million in taxes, to the Kenya Revenue Authority (KRA).
In his ruling against the two truck driver, Thomas Ngumi Koimburi Christopher Kimairo, a Tanzanian national, Principal Magistrate Eugene Kadima found that the Mitsubishi Fuso Reg. No. KBP 665N was used as an accessory to commit the offence of conveying 8,000 litres of unaccustomed ethanol from Tanzania to Kenya.
Koimburi and Kimairo were arrested following the interception of their truck after crossing into Kenya at Kibanda Hasara border post at 2 am in November 2022.
They were carrying the ethanol concealed with onions and rice.
They were charged with the offences of conveying and with having unaccustomed goods contrary to relevant provisions of the East African Community Customs Management Act 2004.
In this case, the prosecution provided evidence that included testimonies from arresting officers, customs verifications and valuations and results of content analysis from the Government Chemist, among others.
The court was told how police laid an ambush and intercepted the vehicle, driven to the police station at Taveta One Stop Border Post, where 76 onion bags were offloaded and 40 blue barrels of ethanol were discovered.
KRA investigators established that the two suspects had no documentation of the unaccustomed goods impounded, which include import declaration (Cl. 7), a Licence from KRA, and purchase receipts. Physical verification after chemical analysis had established that the items were ethanol.
The presiding Magistrate noted in the judgement dated 12th of this month, that the Court had the benefit of examining all the evidence tendered by the 10 prosecution witnesses and thinks that the prosecution testimony is plausible and consistent with the charges against Koimburi.
“Transporters, drivers, and turn boys should ensure that they have all the requisite documentation while conveying the goods both within and outside the region,” KRA stated after the ruling.
“Traders should also purchase excisable products from licensed manufacturers and their approved distributors, whereas the Dealers should keep all records, including valid receipts, delivery notes, invoices, and contacts of their suppliers,” it added.
Having unaccustomed and/or excisable goods affixed with counterfeit excise stamps is an offence, and the means of conveyance of such goods, vessels, aero planes, and motor vehicles are not only crucial evidence in the tax crimes cases but are also liable to forfeiture as provided for under Section 211 of the East African Community Customs Management Act 2004.
