The case was presided over by Kapenguria Senior Principal Magistrate Samuel Mutai who  found Leonard Rotino and Collins Ignatious Steekamp guilty of smuggling 700 bags of sugar each weighing 50kg branded Kaliro brown sugar and manufactured in Uganda.

The court sentenced Rotino, importer of the goods, to 5 years imprisonment or a fine payment of half the dutiable value of the goods which is Kshs 1,575,000. Steekamp, a truck driver, was however sentenced to pay a fine of Ksh 50,000.

The 700 bags of brown sugar were forfeited to the Kenya Revenue Authority (KRA). 

KRA investigation officers were assisted by DCI officers from Kacheliba to intercept a truck along Karita – Kacheliba road carrying imported sugar without import documents, thereby leading to the arrest of the duo. 

 

According to the investigation reports, the sugar lacked import documents such as the importation licence and a certificate of origin from the East African Countries.

Rotino and Steekamp were charged with 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.

The case was presided over by Kapenguria Principal Magistrate Samuel Mutai. 

The court charged the accused, Sammy Gachau, and Martin Siwotoi, with two counts of acquiring uncustomed goods.

However, they were released on a cash bail of Sh25,000 or bond of Sh500,000 after they denied the charges. The case is scheduled to be November 16, 2020.

The customs value of the sugar is Ksh530,720 and the tax implication of Ksh705,859. 

The applicable import duty on the consignment is 

100% and VAT at 14% as it lacked a certificate of origin from the East African Community. 

The Investigation and Enforcement Department of KRA and Directorate of Criminal Investigation (DCI) Kapenguria have been working together to conduct investigations regarding smuggling of goods across the border. 

The DCI was on patrol when they intercepted 

the vehicle transporting brown sugar from Uganda. 

The entity confirmed that the two suspects in the vehicle lacked an importation licence and certificate from the sugar directorate under Agriculture and Food Authority as the law stipulates. 

Importers who lack the required documents  smuggle sugar from Uganda through ungazetted border points Lokiriama and Karita. 

Designated points with rigorous customs processes are Lwakhakha, Busia, Swam and

Malaba. 

The government therefore loses revenue when the smuggled sugar is distributed to shopkeepers within Trans Nzoia, West Pokot and Lodwar Counties.