Court order releasing truck reversed in cigarette lawsuit
Officers from the Directorate of Criminal Investigation during inspection of a container on a transit goods truck at Eldoret Police Station in Uaisn Gishu County on October 30, 2019.
The High Court in Kakamega has reversed an order releasing a truck intercepted last year offloading contraband cigarettes with a tax implication of Sh26 million.
In a ruling last month, Justice Alice Bett reversed the order which was issued by Kakamega chief magistrate in January after an application by the truck owner.
While releasing the lorry, the trial court ruled that the owner was not culpable as it was his driver who had control of the truck at the time it was found carrying the uncustomed goods.
The magistrate had also faulted the police over the failure to complete investigations within reasonable time, stating that three months had elapsed since seizure of the truck.
“I have carefully considered the relevant provisions of the law. It was not open for the trial court to make the determination that it made.Even if the truck was not the subject of a statute that called for its forfeiture, it was an exhibit and could only be released upon its production,” Justice Bett said.
Evidence tabled in court showed that the truck was intercepted on October 15, 2023 as it was offloading cigarettes at a residential house in Shuvumbe area, Kakamega County.
A multi-agency team comprising officers from the police and the Kenya Revenue Authority (KRA) intercepted the truck containing 350 cartons containing 5,000 sticks of brand Supermatch cigarettes marked “for export” concealed with wheat.
The driver of the truck, Mr Shadrack Kogo, failed to provide documents evidencing the origin of the consignment or payment of duties following which the truck and the consignment were seized by KRA.
Mr Kogo was subsequently charged in March with conveying uncustomed goods contrary to Section 199 (b) of the East Africa Community Customs Management Act.
He denied the charges and was granted a bond of Sh500,000. The court ordered the truck be detained as an exhibit.
The truck owner, Geoffrey Cheruiyot Bor, successfully applied to have the truck released saying he was ready to avail it to court when needed.
Director of Public Prosecution Renson Ingonga moved to the High Court seeking to set aside the order releasing the truck as it was used to facilitate commission of the offence. The judge directed Mr Kogo to ensure the truck is produced as an exhibit during the next hearing date.
