Tanzanian Forfeits Truck to KRA in Ksh 5M Ethanol Smuggling Case

A court has ordered the forfeiture of a seven-ton Mitsubishi Fuso truck and 8,000 litres of smuggled ethanol valued at Ksh5 million in taxes to the Kenya Revenue Authority after a tax-evasion case involving cross-border smuggling of goods from Tanzania.
The ruling was delivered by Taveta Principal Magistrate Eugene Kadima, who found that the vehicle was under instructions to convey uncustomed goods, which was in violation of the East African Community Customs Management Act of 2004.
The two individuals at the centre of the case are a truck driver and a Tanzanian national, believed to have been a hitchhiker.
On November 11, 2022, the duo was intercepted at around 2:00am as they crossed into the Kenyan border at the Kibanda Hasara border post. The two attempted to smuggle ethanol concealed beneath a cargo of onions and rice.
Their arrest came after an intelligence-led ambush by Kenyan authorities, who took the truck to Taveta One Stop Border Police Station. Here, officers offloaded 76 bags of onions and discovered 40 blue barrels filled with ethanol beneath them.
Prosecution had overwhelming evidence against the two suspects, including testimonies from arresting officers, customs verification reports and valuation records.
All evidence pointed to a well-coordinated attempt by the truck driver to evade tax by transporting ethanol to Kenya without proper clearance.
According to KRA investigators, the suspects did not have any legal documentation related to the importation of ethanol, including the Import Declaration (Cl. 7), a valid KRA license, or any purchase receipts.
Further, the ethanol was not affixed with genuine excise stamps. Lack of these stamps is an indicator that there was an attempt to bypass lawful tax and regulatory processes.
In his ruling, Magistrate Kadima noted that the prosecution called 10 witnesses and the court found that their testimonies were consistent with the charges.
The decision to forfeit the truck was made because it was used as an accessory to commit the offence, which was a violation under Section 211 of theEAC Customs Management Act.
Transporters, drivers and crew involved have now been warned by authorities to ensure they have all required documentation is in place before any consignment is transported within or outside the country.
Traders are also urged to source excisable products only from licensed manufacturers and their approved distributors.