By Samuel Migele
Two accused were convicted by Kapenguria law court after being found
guilty of smuggling sugar from Uganda.
Kapenguria Senior Principal Magistrate Samuel Mutai found Leonard
Rotino and Collins Ignatious Steekamp guilty of smuggling 700 bags of
sugar each weighing 50kg branded Kaliro brown sugar and which are
manufactured in Uganda.
Rotino, importer of the goods, was sentenced to serve 5 years
imprisonment or pay a fine of half the dutiable value of the goods
which is Kshs 1,575,000 while Steekamp, a truck driver, was sentenced
to pay a fine of Ksh 50,000. The 700 bags of brown sugar were also
forfeited to the Kenya Revenue Authority.
The law prohibits Importing restricted goods contrary to section 200(a)
(ii) of the East
African Community and Customs Management Act 2004 and Conveying
uncustomed goods contrary to section 199(b) (iii) of the East African
community and Customs Management Act 2004 respectively.
The convicts were arrested after KRA investigation officers with the
assistance of DCI officers from Kacheliba intercepted a truck carrying
imported sugar without import documents. The vehicle was intercepted
along Karita – Kacheliba road. Investigations confirmed that the sugar
had no import documents such as the importation licence and a
certificate of origin from the East African Countries.
Importation of sugar into Kenya is regulated by the sugar directorate
under Agriculture and Food Authority making it a restricted item. For
one to import sugar into the Country, one is required to obtain an
annual sugar importation licence from the Sugar Directorate and obtain
a pre- shipment permit for each consignment.
The licences and permit form part of the documentation to be presented
to customs officers at the border at the time of importation for
clearance and payment of requisite taxes. However, unscrupulous
importers without the requisite licences avoid the strict customs
processes at designated border points at Busia, Lwakhakha, Malaba and
Suam importers and smuggle in sugar from Uganda using ungazetted border
points such as Karita and Lokiriama. The sugar is then distributed to
retailers who then sell to consumers within Trans Nzoia, West Pokot and
Lodwar Counties. This amounts to unfair trade practices and occasions
massive revenue loss to the Government.
The Kenya Revenue Authority (KRA) strives to detect and disrupt tax
evasion schemes and prosecute criminals who engage in smuggling of
goods through our borders to ensure that all individuals pay their fair
share of customs duty and the right amount of taxes are paid to the
government.
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