How KRA officer was framed in Busia sugar smuggling racket

She was terminated in 2021 after KRA accused her of allowing two sugar-laden trucks to exit the Busia One Stop Border Post without proper customs processing or gate register documentation.

At the time of the incident, however, Ms Lebene was expectant and dealing with pregnancy-related complications, a fact that became central to the court’s decision.

She sued, arguing her termination was unfair, unlawful, malicious, and violated fair labour practices.

Upon reviewing evidence, the court ruled she was not at her workstation when the trucks exited around 6:30 p.m. on March 28, 2019, but was instead undergoing a pregnancy scan at a nearby medical facility.

“The persons who aided in the smuggling were kept away from the disciplinary hearing,” the court stated, concluding there was “no valid reason” for her dismissal under the Employment Act.

Ms Lebene had worked at KRA since December 2007, rising from office assistant to Border Control Officer. On the day in question, she was scheduled for the night shift at 6:00 p.m. but reported early at 5:00 p.m.

Due to her high-risk pregnancy and history of miscarriage, she briefly left to seek medical attention at a diagnostic centre 300 meters from the border post.

During her absence, two trucks carrying imported sugar exited the customs yard. KRA alleged Ms Lebene negligently released them without recording their details, but she maintained she was at the hospital.

Medical evidence corroborated her account, with a radiologist testifying he conducted her sonography scan at approximately 6:48 p.m. “It is highly unlikely the medical records were manufactured to afford the Claimant an alibi,” the judge noted.

“Her pregnancy and illness were real.”

Despite this, KRA investigators dismissed the medical evidence and relied on statements from two men who claimed Ms Lebene was present.

One was a colleague from the earlier shift, and the other was a gate security officer. The court deemed their accounts unreliable.

Attendance records showed the colleague left duty at 6:36 p.m., contradicting his claim of handing over at 6:00 p.m. The judge called his testimony “shaky, inconsistent, and self-incriminating,” labeling him “not a truthful witness.”

More troubling was evidence suggesting Ms Lebene had previously rejected sexual advances from the gate officer, who accused her of instructing him to open the gate.

She raised this in her response to KRA’s show-cause letter, citing potential malice. Neither officer testified at her disciplinary hearing nor in court.

The ruling suggested her colleague was likely central to the smuggling operation. Evidence revealed he had been approached by an unnamed individual seeking help to release sugar trucks “unprofessionally,” yet he neither reported nor arrested the suspect.

“What kind of whistleblower was Nyaundi?” the court questioned, criticising investigators for ignoring inconsistencies in his account.

The judge rebuked KRA investigators for disregarding medical records while accepting contradictory statements. They failed to visit the nearby clinic or interview the doctor, despite its proximity.

“There was evidence available… that the claimant left… to seek Dr Emukule’s attention,” the judge said, accusing KRA of “turning a blind eye.”

This contrasted sharply with the Directorate of Criminal Investigations, which verified her medical records and filed no charges.

“No criminal charges were preferred against the Claimant for involvement in sugar smuggling,” the court emphasized, calling it illogical to place her “under a sonography machine” and at the crime scene simultaneously.

Though KRA followed procedure in issuing notices and hearings, the court ruled the dismissal unjustified under Sections 43 and 45 of the Employment Act.

Termination was declared unfair and unlawful. While Ms Lebene sought reinstatement, the court denied it due to the three-year lapse since dismissal.

She was awarded Sh1.3 million—12 months’ salary as compensation, one month’s pay in lieu of notice, plus costs and interest.

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