KRA DISCIPLINARY CASES 2004-2005 - Kenya Revenue Authority

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2.1.3 Case Number: DISC/20/1/2005 & 22/04/2005 Department: CUSTOMS SERVICES Station: MOMBASA CHARGE: CONSPIRACY TO DEFEAT THE ENFORCEMENT OF THE CUSTOMS & EXCISE ACT, CONTRARY TO SECTION 395(a) OF THE PENAL CODE AND CONTRAVENTION OF SECTIONS 3.17, 4.1.1, 4.1.9, & 4.1.25 OF THE KRA CODE OF CONDUCT. PARTICULARS OF OFFENCE: Three Customs Officers among them 2 manifest officers and a verifying officer facilitated the release of goods without payment of duty. 127 containers at a Container Freight were cleared but duty collected for only 55 containers resulting in revenue loss of Kshs.24 million. On investigations it was established that 15 entries had been lodged with falsified supporting documents where Bills of Lading bore fewer quantities than indicated on the manifests. The manifest officers endorsed “no discrepancy” on entries that bore information that did not tally with that on the manifests and Bills of Lading whereas the verifying officer irregularly released goods whose details on the entry differed from those on the in-house manifests. PENALTY: One of the manifest officers was retired in Authority’s Interest for negligence of duty whereas the other 2 officers were dismissed for fraud. ___________________________________________________________ 2.1.4 Case Number: DISC/22/04/2005 Department: CUSTOMS SERVICES Station: MOMBASA CHARGE: CONSPIRACY TO DEFRAUD KRA CONTRARY TO SECTIONS 3.17, 4.1.1, 4.1.9, & 4.1.25 OF THE CODE OF CONDUCT PARTICULARS OF OFFENCE: Disciplinary cases Page 4 of 13
Two Customs revenue officers irregularly processed and verified an entry facilitating clearance of some containers without payment of appropriate duty. Revenue amounting to Kshs2.8 million was lost. A subordinate staff member gave out the original of this same entry to a clearing agent facilitating the loss of the said entry, which had been irregularly processed and used to clear goods without payment of duty. PENALTY: The two revenue officers were dismissed for conspiracy to defraud and the subordinate staff retired in Authority’s interest for loss of confidence in her as an employee. ___________________________________________________________ 2.1.5 Case Number: DISC/28/10/2004 Department: CUSTOMS SERVICES Station: NAIROBI-JKIA CHARGE: CONSPIRACY TO DEFRAUD THE AUTHORITY & CONTRAVENTION OF SECTIONS 4.1.1, 4.1.4 &4.1.9 OF THE KRA CODE OF CONDUCT PARTICULARS OF OFFENCE: A revenue officer at JKIA irregularly granted authority for transhipment of a consignment from JKIA-Nairobi to Moi Airport Mombasa when the release order clearly indicated the consignee’s address as Westlands in Nairobi. The goods were intercepted by the surveillance and targeting unit at the delivery gate on their way to Westlands. It was argued that since the importer was from Nairobi there was no intention to tranship the goods to Mombasa and the issue of transhipment did not arise as transhipment applies only where goods are transferred to another vessel destined to a foreign country. The officer’s actions were thus intended to evade duty payable. PENALTY: The officer was retired in Authority’s Interest. ___________________________________________________________ Disciplinary cases Page 5 of 13
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KRA DISCIPLINARY CASES 2004-2005 - Kenya Revenue Authority

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