Ex-KPA staff credentials used to clear goods without paying Sh106m tax

A cargo ship arrives at the port of Mombasa. file photo | nmg 

By PHILIP MUYANGA

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Summary

• Witness tells court he was surprised that Ms Florence Lagat's details were used to clear of the containers when she had already resigned.
• He said terminal hold procedures had been placed on the 124 containers at the EDI manifest office.
• Offence was committed between May 1 and August 3, 2016 at the Kilindini Port within Mombasa.

Some containers on hold at the Mombasa port were cleared using a retired Kenya Ports Authority (KPA) staff's credentials without paying Sh106.5 million duty, a court heard on Tuesday.

Mr Benjamin Mwandawiro, a customer service officer at the Electronic Data Interchange (EDI) manifest office, told the court he was surprised that Ms Florence Lagat's details were used to clear of the containers when she had already resigned.

The witness, who is currently deployed at the container terminal, said placing the containers on "terminal hold" disallows clearance at the gate with no exception.

Mr Mwandawiro, who noted that it would appear that Ms Lagat credentials were used after leaving service.

He said if the terminal hold had been placed by the EDI office, it was the same office to lift it.

Facing charges

He was testifying in a case in which 32 people, among them KPA and Kenya Revenue Authority employees and some businesspeople, are facing charges including conspiring to release 124 containers without payment of Sh106.5 million duty.

Mr Mwandawiro told Senior Principal Magistrate Francis Kyambia that terminal hold procedures had been placed on the 124 containers at the EDI manifest office.

“They were then unprocedurally removed, not by any staff from the EDI office which had placed them on hold,” said Mr Mwandawiro.

He was being led in his evidence-in-chief led by Senior Assistant Director of Public Prosecutions Alexander Muteti.

Mr Mwandawiro told the court that from the update history (of the containers), the terminal holds had been removed by Ms Lagat and Mr Joshua Misoi, one of the accused.

“It surprises me to date that someone resigned from KPA, her staff number indicates it was used to lift the terminal hold,” said Mr Mwandawiro.

System administrators

Mr Mwandawiro was put to task by Mr Muteti to explain where the lifting of the terminal holds was being done but said he did not know.

“The user access is managed by system administrators, I would not know who are the administrators,” said Mr Mwandawiro.

The accused are alleged to have, jointly with others not before court, knowingly and fraudulently conspired to facilitate the release of the 124 containers.

The court heard that the offence was committed between May 1 and August 3, 2016 at the Kilindini Port in Mombasa.

Hearing of the case continues.