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High Court orders forfeiture of the lorry and seized ethanol cargo to KRA

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A Taveta court has ordered the forfeiture of a seven-ton lorry and 8,000 litres of smuggled ethanol to the Kenya Revenue Authority (KRA), in a ruling that underscores the government’s stance against tax evasion.

The ethanol, valued at more than KSh5 million in taxes, was seized alongside a Mitsubishi Fuso lorry, registration number KBP 665N, which was used to ferry the consignment.

Taveta Principal Magistrate Eugene Kadima delivered the judgment against truck driver Thomas Ngumi Koimburi and Tanzanian hitchhiker Christopher Kimairo, who were arrested on November 11, 2022, after their vehicle was intercepted at Kibanda Hasara border post.

The two were found transporting 8,000 litres of uncustomed ethanol concealed under 76 bags of onions and rice. Forty blue barrels were discovered after the truck was driven to the Taveta One Stop Border Post police station, where a thorough search was conducted.

The prosecution, led by KRA investigators, presented evidence that included testimonies from arresting officers, customs verification reports, government chemist analysis, and valuation documents. It was established that the suspects lacked import declarations, a valid KRA license, and purchase receipts for the goods.

Magistrate Kadima ruled that the ethanol and truck were liable for forfeiture under Section 211 of the East African Community Customs Management Act, 2004, noting that vessels, motor vehicles, and other means of conveyance used in smuggling are considered crucial evidence in tax crime cases.

“The prosecution testimony is plausible and consistent with the charges,” the magistrate stated in his ruling dated August 12, 2025.

The court urged transporters and drivers to ensure they carry proper documentation when conveying goods within or outside the region.

It further reminded traders to purchase excisable products only from licensed manufacturers and approved distributors, and to maintain valid records including receipts, invoices, and delivery notes.