DRIVER CONVICTED ON HIS OWN ADMISSION
By Samuel Migele
A truck driver has pleaded guilty before Eldoret
Law Court to charges of interfering with transit
cargo bound for The Democratic Republic of
Congo (DRC) and stealing goods worth Kshs
2.8 million
The accused, Francis Murungi was jointly
charged with Abraham Some and Gladys
Mwangi with two counts of interfering with a
consignment of 877 bales of mosquito nets
without permission from authorised Customs
officer. He also admitted to the second count of
removing Customs seals from the truck before
stealing 720 bales of the mosquito nets. The
consignment originated from China.
The offences were committed on 1st November,
2020 at Juakali area within Uasin Gishu County.
Abraham Some and Gladys Mwangi denied the
charges before Principal Magistrate Naomi
Wairimu and were both released on a bond of
2,000,000 each and surety of similar amount.
Customs seals enable KRA to carry out real
time monitoring and tracking of transit cargo
from the point of loading to the point of
discharge to avoid dumping of cargo. Arming of
the truck with the Customs seals was done in
Mombasa before the truck left for DRC.
Details of the case indicate that the clearing
agent applied for transhipment of the container
to another truck at Mazeras, which then
proceeded the journey. The truck owner
reported the missing cargo at Industrial Police
Station and the Kenya Revenue Authority (KRA)
and Directorate of Criminal Investigations (DCI)
officers tracked and found the truck parked at
Jua Kali in Eldoret where the driver was
arrested. Upon verification, it was found that the
Customs seal had been tampered with and 720
bales of mosquito nets were missing.
Interfering with goods subject to Customs
control and removal of Customs seals is
contrary to Sections of the East African
Community Customs Management Act 2004.
Count one, if the accused are found guilty they
are liable on conviction to imprisonment for a
term not exceeding 3 years or to a fine not
exceeding ten thousand dollars.
Count two, if the accused is found guilty they
are liable on conviction to imprisonment for a
term not exceeding 3 years or to a fine not
exceeding two thousand five hundred dollars or
both.
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