KPA admits 124 containers were released without custom official's approval

A fake rubber stamp may have been used to clear 124 containers before their importers paid taxes, a court was told.

Kenya Ports Authority Security Officer Kibet Kirui yesterday admitted that he released the containers on the strength of an unsigned customs rubber stamp.

Mr Kirui was testifying in a case in which 31 KPA and Kenya Revenue Authority (KRA) employees and a clearing agent are accused of aiding in the evasion of more than Sh100 million in taxes.

The suspects are charged with causing the loss of revenue after releasing the cargo without following regulations.

The prosecution claimed the failure to follow regulations was a conspiracy to defraud the State of revenue.

Kirui told the court that a customs official might have erroneously released the containers in question due to work pressure.

“I was not aware that the duty due to the Government had not been paid when I received the documents showing that the containers in question were to be released,” said Kirui

He said he prepared a gate pass for the containers in question after a Kenya Revenue Authority official confirmed that duty had been paid.

Kirui, who was working at Gate 18 on the diverse dates in 2016 when the containers were spirited out of the port, said he did not know who prepared the stamp used to release the cargo.

Another security officer, Nathan Machoka, also admitted that he released some of the containers in question on the strength of an unsigned customs stamp.

He denied claims that KPA security officers were to blame for the release of the containers, arguing that the trend of releasing goods without KRA official’s signature had been going on for some time.

The witness, who has worked for KPA for 29 years, insisted that security personnel had been releasing goods with unsigned customs stamp until 2016.

He told the court that KPA security officers flagged the issue when the incident took place, prompting KRA to come up with a policy that all stamps must be signed before goods are released.

Mr Machoka explained why KPA security officers had not raised complaints against the police who had been stamping the documents without signing.

“What we know is that police officers are not supposed to play any role in the clearance of the goods from the port. I do not know why the there was a police rubber stamp on the release document,” said Machoka

He said all he needed to see to release the containers were documents stamped by KRA and a customs release order.

"When I see the two stamps by KRA I will automatically generate the documents for the release of the goods without question," he testified. He said since KPA and KRA officials sat close to one another at Gate 18, he trusted that the release was legal. The hearing continues.