DRIVER CONVICTED ON HIS OWN ADMISSION

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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